I Called the Harrisburg prothonotary (Kristen Brown about the service deal under court rules – She told me I have 14 days to respond to the court and being Pro Se is a thing in my favor – She told me to slow my roll on filling too much at one time. Most Prose people get lost in the rules game that lawyer play.
She said the status of limitations to attack SORNA is 3 years – the court I am in is an appeals court that will give Pa. Rule 401 re-filing a chance. I can re fill up to the statue of limitations. I was suprize that she spoke so positive and encouraged me to learn from mistake . She siad that PA court are not as hard on Pro Se people. They bend the rules and get down delays. She also said that her office is ready to stamp refile on my original Manadamus – but it has to be closed first due to service mistake.
A service mistake will not dismiss the Mandamus. She said I can re- fill if the judge don’t over look this service mistake.
She said that the Harrisburg Commonwealth Court does not like it when the Attorney General lawyers do primary objections on service. Most Judges ask the AG how did you know to tell the Court that you were not services. The AG wants a certified service through the mail – I just mail my pleading vis u.s. mail only. They got my suit. it just was not certified mail receipt.
The Probationary handles all the filed documents in a case. The one in Harrisburg is tops. She will direct you to the place and what to do to correct a mistake in filing and service. She also said that if the court vacates its ordered to have PSP and AG answer me withing 30 days – that all I need to do is re-file or call her back and request in writing for her to re-file and red mark that I want to start over. She said all pro se people make this same mistake and forget that they are bring suit against a state agency (PSP) and the AG is their Law in all cases by commonwealth Rule of Civil Law rule 1514(c)
And The Prothonotary said the I filed summary judgment too early. Summary judgment is for when their is a break down in the issues and no evidence is there to fight. It my case there is no issue is evidence the PSP application of SORNA in retroactive way is the only issue. I can summary that but I have to give the PSP and AG time to see the merits of the Mandamus. You cannot rush them.