Legal Question in Civil Litigation in Pennsylvania
Serving Process in a Civil Case in Pennsylvania
I have filed a civil suit against the State of Pennsylvania and now need to provide Service of original process upon the Commonwealth. How do I do this? Rule says I need to have the Sheriff do it. Is it possible to use Mail instead?
2 Answers from Attorneys
Re: Serving Process in a Civil Case in Pennsylvania
First you can NOT sue the Commonwealth of Pennsylvania not any other state. The 11th amendment forbids that. Unless of course the state you are suing consents to being sued.
Depending on what the subject matter of the suit is, you would sue say the govenor in his official capacity or maybe the secretary of transportation.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Serving Process in a Civil Case in Pennsylvania
I'm confused: Did you file a lawsuit in Virginia against the Commonwealth of Pennsylvania or a lawsuit in Pennsylvania against PA?