Section 493.3. Service of legal process and legal pleadings

(a) Legal process in a matter involving the Secretary of Transportation or the Department of Transportation shall be served only upon, and accepted only by, a staff attorney at one of the following Department Legal Offices:

(1) Office of Chief Counsel

Pennsylvania Department of Transportation

Commonwealth Keystone Building

400 North Street, 9th Floor

Harrisburg, PA 17120

Phone: [phone]

(2) Office of Chief Counsel

Pennsylvania Department of Transportation

Western Region

301 Fifth Avenue, Suite 210

Pittsburgh, PA 15222

Phone: [phone]

(3) Office of Chief Counsel

Pennsylvania Department of Transportation

B-2 State Office Building

100 Lackawanna

Scranton, PA 18503

Phone: [phone]

(4) Office of Chief Counsel

Pennsylvania Department of Transportation

7000 Geerdes Blvd. 4th Floor

King of Prussia, PA 19406

Phone: [phone]

(b) Legal pleadings in a matter involving the Secretary or the Department shall be served only upon and accepted only by the attorney who has entered his formal appearance for the Department; or, if no formal appearance has been entered, in the manner set forth in subsection (a), for service of legal process.

(c) Legal process and legal pleadings delivered to any Department office other than as specified in subsections (a) and (b), will not be accepted but will be received for forwarding to the Chief Counsel at Harrisburg. The employe who receives the legal process or legal pleading shall be deemed to be acting as agent of the process server in receiving and forwarding the document, and shall so inform him in the case of hand-delivered legal process or legal pleading.

(1) Whether hand-delivered or received in the mail, the receiving employe shall note on the document the information listed below, and forward it—without delay and without District Staff review—to the Chief Counsel, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120.

(i) An annotated copy of any document received in Districts 1, 10, 11, and 12 or in Clearfield (2-2), Cameron (2-4), McKean (2-5), Elk (2-8), Cambria (9-3), and Somerset (9-7) Counties, shall also be promptly forwarded to the Department’s Pittsburgh Legal Office.

(ii) An annotated copy of any document received in District 4 or in Monroe (5-4), Carbon (5-2), and Schuylkill (5-6) Counties, shall also be promptly forwarded to the Department’s Scranton Legal Office.

(iii) An annotated copy of any document received in District 6 shall also be promptly forwarded to the Department’s King of Prussia Legal Office.

(2) The following information shall be noted on the forwarded document:

(i) Name of receiving employe.

(ii) Departmental unit at which document was received.

(iii) Date and time of receipt.

(iv) Manner of delivery, that is, whether hand-delivered, first class mail, certified mail, or the like.

(v) A copy of the document may be made and retained for District Staff review, if desired.

(d) Upon receipt of the legal process or legal pleadings by the Chief Counsel or Staff Attorney, whether service was made directly under subsection (a) or (b) or indirectly under subsection (c), service will be accepted on behalf of the Secretary of Transportation and will be acknowledged in writing.

The provisions of this § 493.3 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (287542) to (287593).