dissenting.
Because I conclude that this court can properly exercise its jurisdiction over this appeal, I cannot join in the majority’s decision to transfer this case to the Commonwealth Court. Therefore, I must respectfully dissent.
Neither of the parties has objected to the exercise of jurisdiction by this court. Consequently, our jurisdiction has been perfected and this court may address the merits of this appeal even though exclusive jurisdiction is vested in another appellate court. See 42 Pa.C.S.A. § 704(a) and Pa.R.A.P., Rule 741(a), 42 Pa.C.S.A. In such cases, this court can exercise its discretion in determining whether the case should be transferred or decided on its merits. See Newman v. Thorn, 359 Pa.Super. 274, 280, 518 A.2d 1231, 1233 (1986). See also, 42 Pa.C.S.A. § 705 and Pa.R.A.P., Rule 752(a) (which permit this court to consider transferring an appear on its own motion or upon the motion of any party).
In considering whether to retain jurisdiction, this court has indicated that the interests of the parties and matters of judicial economy must be balanced against other factors *555which include: (1) whether our retention of jurisdiction will disrupt the “legislatively ordained division of labor” between the intermediate appellate courts; and (2) whether there is a possibility of establishing two conflicting lines of authority on a particular subject.” Newman, 359 Pa.Super. at 281, 518 A.2d at 1235. Moreover, each potential transfer must be evaluated on a case-by-case basis. Id.
Evaluation of these factors leads me to conclude that we should retain jurisdiction and address the merits of this appeal. The parties in this case have filed briefs and have presented this court with argument on their respective positions. Consequently, the parties will be subjected to additional expense and delay if the appeal is transferred.
More importantly, retention of jurisdiction in this case would not lead to a disruption in the division of labor between the appellate courts. Pursuant to 42 Pa.C.S.A. § 762 of the Judicial Code, the Commonwealth Court has exclusive jurisdiction over cases which involve the application, interpretation or enforcement of any statute regulating the affairs of political subdivisions, municipality and other local authorities or other public corporations or of the officers, employees or agents thereof acting in their official capacity. See 42 Pa.C.S.A. § 762(a)(4)(i)(A). The statute applicable to this case is found at 8 P.S. § 194(a), which governs actions on payment bonds. Nothing in this provision regulates the affairs of the school district in this case. In fact, the school district is not a party to this action and will not be affected by the ultimate resolution of this appeal.
Further, application and interpretation of this statute will not lead to conflicting lines of authority. Essentially, 8 P.S. § 194(a) permits claimants, who have supplied labor or materials to a subcontractor or contractor on a public improvement project and who have not been paid therefor, to maintain an action on the payment bond furnished by the contractor. Thus, application of this statute requires a claimant to establish: (1) that labor and/or materials were *556furnished by the claimant on a public improvement project; and (2) that the claimant has not received payment for the services or materials which were supplied. There is nothing ambiguous in the statute which requires an analysis of legislative intent or statutory interpretation.1 Rather, the only matters to be decided under the statute are whether a claimant has proved the elements of his cause of action by sufficient evidence.
It should be observed that this court has proceeded to address similar questions which were presented in appeals involving actions on payment bonds brought under the Public Works Contractors’ Bond Law (PWCBL), 8 P.S. §§ 191-202. For example, this court addressed the question of whether the claimant’s action was brought within the statute of limitations period prescribed in the PWCBL, 8 *557P.S. § 197(b)2 in Lehigh Electrical Products Co., Inc. v. Pennsylvania National Mutual Casualty Insurance Co., 257 Pa.Super. 198, 201, 390 A.2d 781, 782 (1978). In Posh Construction, Inc. v. Simmons & Greer, Inc., 292 Pa.Super. 142, 436 A.2d 1192 (1981), this court determined that the evidence was sufficient to sustain a finding that a subcontractor was a proper claimant under § 194(b) of the PWCBL. Id., 292 Pa.Super. at 148, 436 A.2d at 1194-1195. This court has also considered whether a surety waived the statute of limitations defense by failing to raise it in its answer and new matter, and whether the claimant was entitled to recover the costs of labor and materials which had been supplied prior to the date of issuance of the payment bond. See Solomon v. A. Julian, Inc., 304 Pa.Super. 119, 124, 450 A.2d 130, 132-133 (1982). In Reliance Universal Inc. of Ohio v. Ernest Renda Contracting Co., Inc., 308 Pa.Super. 98, 454 A.2d 39 (1982) this court concluded that service charges are not recoverable as part of the costs of labor and materials in an action to recover on a payment bond. Id., 308 Pa.Super. at 108-110, 454 A.2d at 44-45. And in a more recent case, this court found that a surety was not responsible for costs or damages resulting from delay in an action on a payment bond. Salvino Steel v. Fletcher & Sons, Inc., 398 Pa.Super. 86, 92, 580 A.2d 853, 856 (1990).
As demonstrated by the above cases, this court has proceeded to address a variety of questions arising under the PWCBL. In comparing the issues raised by appellant with the previous decisions of this court, it is evident that this case does not involve matters which will lead to the development of conflicting lines of authority because the issues raised here relate solely to evidentiary matters with which this court is familiar. Further, our resolution of appellant’s claims will not cause a disruption in the distribution of labor between this court and the Commonwealth Court, as the statute at issue here does not regulate or *558affect the affairs of the school district.3 Rather, the statute only governs appellee’s ability to recover on the payment bond. Consideration of these factors, as well as the delay and expense which would be caused if the appeal is transferred, require this court to retain jurisdiction and decide the appeal on its merits.4
. Although the majority agrees that the statute is unambiguous, it suggests that the statute would necessarily have to be interpreted because there is no settled law on this issue. Majority opinion, ante, at n. 1. Contrary to the majority's assertion, there is an existing body of suretyship law which establishes the defenses available to a surety. There is no reason why such law should be deemed inapplicable to a public works bond, as the essential nature of a surety’s obligations remains constant. Similar authority exists in ascertaining whether the evidence produced by a party is sufficient to establish the elements of a cause of action. Again, the standard used in determining whether the evidence is sufficient to establish the elements of a cause of action does not vary from case-to-case.
The majority also relies on Valley Forge Industries v. Armand Construction, Inc., 248 Pa.Super. 53, 374 A.2d 1312 (1977) in support of its position. Since Valley Forge was decided, this court has steadily retreated from the views expressed therein and has repeatedly proceeded to address the types of issues presented by this case. See: Lehigh Electrical Products Co., Inc. v. Pennsylvania National Mutual Casualty Insurance Co.; Posh Construction, Inc. v. Simmons & Greer, Inc.; Solomon v. A. Julian, Inc.; Reliance Universal Inc. of Ohio v. Ernest Renda Construction Co., Inc.; and Salvino Steel v. Fletcher & Sons, Inc., all of which are discussed above. In fact, virtually the same panel members who presided in Valley Forge also decided Lehigh, in which this court proceeded to address the merits of the appeal instead of transferring the case to the Commonwealth Court as was done in Valley Forge. In view of the abrupt change in positions during the time that Valley Forge and Lehigh was decided, as well as this court’s continued retention of cases involving claims brought under the Public Works Contractors' Bond Law, it would appear that Valley Forge has been overruled sub silentio by this court.
. 8 P.S. § 197(b) was subsequently repealed by the Act of April 28, 1978, P.L. 202, No. 53, § 2(a)[1413], effective June 27, 1978, 42 Pa.C.S.A. § 5523(3).
. In support of its assertion that the statute in this case regulates the affairs of the school board, the majority relies, in part upon a prior decision of this court which also involved Coco Brothers. See Coco Brothers., Inc. v. The Board of Public Education of the School District of Pittsburgh, 383 Pa.Super. 29, 556 A.2d 412 (1989). This decision is distinguishable from the case sub judice. First, the statute in Coco was not the PWCBL. Rather, Coco involved the application of 53 P.S. § 7232, which authorized a particular procedure for offsetting a school district’s obligations against any claims made against the school district. Id., 383 Pa.Super. at 31, 556 A.2d at 413. More importantly, the school district was a party in Coco. Therefore, any action or resolution of the case would have directly affected the affairs of the school district. Unlike Coco, the school district in this case is not a party and will not be affected by the outcome of this appeal.
. After reviewing appellant's assertions of error, I would affirm the judgment entered in favor of appellee.