Section 111.1. Service of process  


Latest version.
  • (a) Service of process on Commonwealth agencies in actions brought under 42 Pa.C.S. § § 8501—8564 (relating to matters affecting government units) shall be made at the principal office of the defendant agency as set forth in subsection (b) or at the local office of the defendant agency as designed in § 111.4(c) (relating to venue). Service of process shall also be made at the principal office of the Attorney General as set forth in subsection (b), and at the Office of Attorney General as set forth in subsection (d).

    (b) The addresses of the principal offices designated to accept service of an agency are as follows:

    Department of Aging
    Office of Chief Counsel
    555 Walnut Street, 5th Floor
    Harrisburg, Pennsylvania 17101-1919

    Department of Agriculture
    Office of Chief Counsel
    Room 201 Agriculture Building
    2301 North Cameron Street
    Harrisburg, Pennsylvania 17110

    Office of Attorney General
    Torts Litigation Unit
    15th Floor, Strawberry Square
    Harrisburg, Pennsylvania 17120

    Office of Auditor General
    Office of Chief Counsel
    229 Finance Building
    Harrisburg, Pennsylvania 17120

    Department of Banking
    Office of Chief Counsel
    Market Square Plaza
    17 North 2nd Street, 13th Floor
    Harrisburg, Pennsylvania 17101

    Department of Community and Economic Development
    Office of Chief Counsel
    Commonwealth Keystone Building
    400 North Street, Plaza Level
    Harrisburg, Pennsylvania 17120

    Department of Conservation and Natural Resources
    Office of Chief Counsel
    Rachel Carson State Office Building
    Post Office Box 8767
    Harrisburg, Pennsylvania 17105-8767

    Department of Corrections
    Office of Chief Counsel
    2520 Lisburn Road
    Post Office Box 598
    Camp Hill, Pennsylvania 17001-8764

    Department of Education
    (If a Tort claim is made involving State universities, do not serve the Department of Education, serve the State System of Higher Education.)
    Office of Chief Counsel
    Ninth Floor, Harristown 2
    333 Market Street
    Harrisburg, Pennsylvania 17126-0333

    Pennsylvania Emergency Management Agency
    Office of Chief Council
    2605 Interstate Drive
    Harrisburg, Pennsylvania 17110

    Department of Environmental Protection
    Office of Chief Counsel
    16th Floor, Rachel Carson State Office Building
    Post Office Box 2063
    Harrisburg, Pennsylvania 17105-2063

    Fish and Boat Commission
    Office of Chief Counsel
    1601 Elmerton Avenue
    Post Office Box 67000
    Harrisburg, Pennsylvania 17106-7000

    Game Commission
    Executive Director
    2001 Elmerton Ave.
    Harrisburg, Pennsylvania 17110-9797

    Department of General Services
    Office of Chief Counsel
    603 North Office Building
    Harrisburg, Pennsylvania 17125

    Governor’s Office
    Office of Counsel to Governor
    225 Main Capitol Building
    Harrisburg, Pennsylvania 17120

    Department of Health
    Office of Chief Counsel
    8th Floor West, Health and Welfare Building
    Harrisburg, Pennsylvania 17108

    Pennsylvania Higher Education Assistance Agency
    Office of Chief Counsel
    1200 North 7th Street
    Harrisburg, Pennsylvania 17102

    Pennsylvania Higher Educational Facilities Authority
    Executive Director
    1035 Mumma Road
    Wormleysburg, Pennsylvania 17043
    **Post Office Box 990, Camp Hill, Pennsylvania 17001-0990

    Pennsylvania Housing Finance Agency
    Office of Chief Counsel
    211 North Front Street
    Harrisburg, Pennsylvania 17105-8029

    Historical and Museum Commission
    Office of Chief Counsel
    500 State Museum Building
    Post Office Box 1026
    Harrisburg, Pennsylvania 17120

    Insurance Department
    Office of Chief Counsel
    13th Floor—Strawberry Square
    Harrisburg, Pennsylvania 17120

    Department of Labor and Industry
    Office of Chief Counsel
    10th Floor, Labor and Industry Building
    651 Boas Street
    Harrisburg, Pennsylvania 17121

    Liquor Control Board
    Office of Chief Counsel
    401 Northwest Office Building
    Harrisburg, Pennsylvania 17124-0001

    Department of Military and Veterans Affairs
    Commonwealth of Pennsylvania
    Department of Military and Veterans Affairs
    Attn: Office of Chief Counsel
    Building 7-36
    Fort Indiantown Gap
    Annville, Pennsylvania 17003-5002

    Board of Probation and Parole
    Office of Chief Counsel
    1101 South Front Street, Suite 5100
    Harrisburg, Pennsylvania 17104

    Public Utility Commission
    Secretary
    North Office Building
    Post Office Box 3265
    Harrisburg, Pennsylvania 17105-3265

    Department of Public Welfare
    (Including restoration centers, State mental hospitals, mental retardation centers, youth development centers, youth forestry camps, and State general hospitals.)

    Department of Public Welfare
    Office of Legal Counsel
    3rd Floor West, Health and Welfare Building
    Post Office Box 2675
    7th and Forster Streets
    Harrisburg, Pennsylvania 17120

    Department of Revenue
    Office of Chief Counsel
    Tenth Floor
    Strawberry Square
    Harrisburg, Pennsylvania 17128

    Securities Commission
    Office of Chief Counsel
    2nd Floor—Eastgate
    1010 North 7th Street
    Harrisburg, Pennsylvania 17102-1410

    Department of State
    Office of Chief Counsel
    301 North Office Building
    Harrisburg, Pennsylvania 17120-0029

    Pennsylvania State Police
    Office of Chief Counsel
    3rd Floor, Department Headquarters
    1800 Elmerton Avenue
    Harrisburg, Pennsylvania 17110

    State System of Higher Education
    Office of Chief Counsel
    Dixon University Center
    2986 North Second Street
    Harrisburg, Pennsylvania 17110

    Department of Transportation
    Office of Chief Counsel
    9th Floor, Commonwealth Keystone Building
    400 North Street
    Harrisburg, Pennsylvania 17120-0041

    Department of Treasury
    Office of Chief Counsel
    Finance Building
    Harrisburg, Pennsylvania 17120-0018

    (c) Service upon bureaus and commissions not listed in subsection (b) shall be made upon the principal or local office of the bureau or commission, and shall also be made upon the offices of the Attorney General as designated in subsection (a).

    (d) The office of the Attorney General designated for service of process only in actions where venue is located in the following counties is as follows:

    (1) Adams, Berks, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming and York—Torts Litigation Unit, 15th Floor, Strawberry Square, Harrisburg, Pennsylvania 17120.

    (2) Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington and Westmoreland—Torts Litigation Unit, 4th Floor, Manor Building, 564 Forbes Avenue, Pittsburgh, Pennsylvania 15219.

    (3) Bucks, Chester, Delaware, Montgomery and Philadelphia—Torts Litigation Unit, 206 Philadelphia State Office Building, Philadelphia, Pennsylvania 19130.

Immediately preceding text appears at serial pages (230295) to (230296), (246795) to (246796) and (336813) to (336814).

Notation

Notes of Decisions

Local Offices

Offices of Department of Transportation designated by 37 Pa. Code § 111.1 as local offices for service of process are also local offices for venue purposes under 42 Pa.C.S. § 8523(a). Department of Transportation v. Chatzidakis, 492 A.2d 1170 (Pa. Cmwlth. 1985).

Service of Process

In an action begun on January 20, 1982, the provisions of 37 Pa. Code § 111.1, which at that time required that service of process upon the Department be made at the office of Chief Counsel in Harrisburg, in conjunction with the provisions of this section, which at that time provided that venue in actions in trespass against the Commonwealth or Commonwealth parties would lie only in the county where the cause of action arose, the county where a transaction or occurrence took place out of which a cause of action arose, or where an office of the Commonwealth or a Commonwealth party is designated under § 111.1 (relating to service of process), permitted a Luzerne County judge to transfer the action for improper venue, since the cause of action arose in Wyoming County and the Department of Transportation maintenance shed located in Luzerne County was not a ‘‘principal office’’ of the Department. Cortese v. Department of Transportation, 463 A.2d 1293 (Pa. Cmwlth. 1983).

An action against Department of Transportation may be brought where its ‘‘principal office’’ is located or the ‘‘local office’’ which is in the county where the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. Bortulin v. Harley-Davidson Motor Co., 539 A.2d 906 (Pa. Cmwlth. 1988); appeal denied 554 A.2d 511 (Pa. 1988); and appeal denied 555 A.2d 116 (Pa. 1988).

Waiver

An agreement between the plaintiff, the Liquor Control Board and the Attorney General whereby the parties agreed to an extension of time for the Liquor Control Board to file an answer but not preliminary objections to the plaintiff’s complaint, constituted a waiver of this section’s service of process requirements. Leahy v. Liquor Control Board, 551 A.2d 1153 (Pa. Cmwlth. 1989).

Cross References

This section cited in 37 Pa. Code § 111.4 (relating to venue).