Prothonotary clarifies process for filing complaint against Sunshine

BELLEFONTE — The Centre County Prothonotary’s Office has clarified its process for making documents available to legal counsel and members of the public.

The Express had previously published an article about the dismissal of the Sunshine Act complaint against the Bellefonte City Council in its September 12 edition, but had not given the prothonotary’s office an opportunity to respond to the allegations made by complainant Peter Serefine. The Express apologizes for the oversight.

On August 30, Centre County Common Pleas Court Judge Jonathan Grine dismissed Serefine’s complaint without prejudice. The dismissal stemmed from the fact that the complaint was filed with improper documents, which Serefine said were provided to him by representatives of the prothonotary’s office.

The Centre County Prothonotary’s Office, headed by Prothonotary Jeremy Breon, offered its own comment regarding the filing issues presented by Serefine:

“It is important to note that the Prothonotary’s Office does not provide legal advice to litigants. Mr. Breon would like the public to know that his office can provide certain commonly used forms as a public service. However, the Prothonotary’s staff, who are not lawyers, cannot advise litigants on the forms to use for a particular type of action or how to complete them. While individuals may represent themselves pro se, under the law they are required to follow the same procedural standards as individuals represented by counsel.

“He (Breon) would also like to point out that the Prothonotary’s staff time-stamped the order dismissing the action without prejudice upon receipt at 3:45 p.m. on September 4. It was then processed and sent to the parties in a timely manner, in accordance with office policy.”

Although it was dismissed with prejudice, meaning a judge dismisses a plaintiff’s or prosecutor’s case without prejudice to their right to have their case heard in court at a later date, because the case must be refiled before the statute of limitations expires, Serefine will not be able to refile.

The Sunshine Act provides a 30-day period from the meeting at which the violation occurred to bring a civil action.

According to the Centre County Magistrate Court’s online services, the judge signed the dismissal on Aug. 30.

Due to delays in the courts processing the case, including the Labor Day holiday, the Prothonotary’s Office was unable to time-stamp the dismissal until September 4, the date it was received, the last day.

According to the county’s online services, the dismissal was mailed on September 6.

By the time Serefine received the notice on September 9, the 30-day deadline to refile had expired.

Serefine says it will apply to the court for a refund of the filing and service fees to recoup its expenses.

Preliminary objections with certificate of service and certificate of compliance were listed as filed with the court system on Sept. 11 and sent to the judge on Sept. 12, according to the county’s online services.

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