Chester County Law Reporter (USPS 102-900) the Official Legal Publication for Chester County
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Chester County Law Reporter (USPS 102-900) The Official Legal Publication for Chester County Vol. 64 WEST CHESTER, PENNSYLVANIA, JUNE 9, 2016 No. 23 TABLE OF CONTENTS 64 CHESTER COUNTY REPORTS Commonwealth v. Linton PCRA – Untimely – Adult cannot seek timeliness exception on case concerning juvenile – Notice to dismiss PCRA . 240 (2016) Classified Ads . 94 Legal Notices Office for Rent - West Chester See Table of Contents . 1 Meeting Space - West Chester Search Unclaimed Property . 10 Copyright ©2016 CCBA — All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopy, or any other means without the prior written permission of the copyright holder. Chester County Law Reporter (USPS 102-900) Reporting the Decisions of the Divisions of the Court of the Fifteenth Judicial District of Pennsylvania, Composed of Chester County, Officially Designated by the Rule Thereof as the Legal Periodical for the Publication of Legal Notices Owned and Published by CHESTER COUNTY BAR ASSOCIATION 15 West Gay Street, 2nd Floor, West Chester, Pennsylvania 19380 www.chescobar.org [email protected] Telephone: 610/692-1889 Fax: 610/692-9546 Richard Meanix, Editor Assistant Editors Patrick M. McKenna, Esquire John Larkin, Esquire Colleen M. Frens, Esquire Richard Meanix, Chairperson-Publications Committee Subscription Rate $50.00 for CCBA Members; $70.00 for Nonmembers CCBA Periodicals Postage Paid at West Chester, Pennsylvania POSTMASTER: Send address changes to Chester County Law Reporter, 15 West Gay Street, 2nd Floor, West Chester, PA 19380 The CHESTER COUNTY LAW REPORTER is published every Thursday. The Deadline for submission of all notices is 12:00 noon on Tuesday, 10 days prior to the following Thursday publication. Notices must be submitted in typewritten form OR form provided by the Office of the Law Reporter and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. Copyright ©2016 CCBA — All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopy, or any other means without the prior written permission of the copyright holder. 2015 CCBA Officers 2015 CCBA Directors Craig Styer, President Michelle Bernardo-Rudy William Wilson, President-Elect Thomas P. Hogan, Jr. Christine Zaccarelli, Vice President John Lindros Mary-Ellen Allen, Treasurer Donald Lynn Patrick McKenna, Secretary Brian Nagle Lisa Comber Hall Hon. Katherine B.L. Platt Immediate Past President Eric Trajtenberg Executive Director Catherine Voit Wendy C. Leeper 2015 YLD Division Basel Frens Chair Colleen Frens, Chair-Elect A.J. Ober, Immediate Past Chair 240 CHESTER COUNTY REPORTS Commonwealth v. Linton 240 (2016)] Commonwealth v. Linton PCRA – Untimely – Adult cannot seek timeliness exception on case concerning juvenile – Notice to dismiss PCRA 1. To be timely, a pleading under the Post-Conviction Relief Act (PCRA), must be filed within one year of when the judgment became final. If one does not file a petition for allowance of appeal in the PA Supreme Court, his judgment becomes final thirty days after the Superior Court affirmation of sentence. 2. The U.S. Supreme Court has decided a juvenile may not constitutionally be sentenced to a mandatory term of life in prison without parole. 3. That decision does not apply to one who was over eighteen at the time of the murder, as was the defendant, and cannot render an untimely PCRA filing timely. 4. Defendant filed this, his third PCRA, thirteen years after his PCRA was due. The timeliness of a PCRA petition being a jurisdictional requisite, the Court Held it had no power to address the untimely claim and filed a Notice to Dismiss the PCRA petition. R.E.M. C.C.P., Chester County, PA Criminal Action – PCRA, No. 1328-1999; Commonwealth of Pennsylvania v. Charles Linton Nicholas J. Casenta, for the Commonwealth Defendant, pro se MacElree, II, J., May 18, 2016:- CHESTER COUNTY REPORTS 241 [64 Ches. Co. Rep. Commonwealth v. Linton COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CHESTER COUNTY, PENNSYLVANIA v. : CRIMINAL ACTION – PCRA CHARLES LINTON : NO. 1328-1999 Nicholas J. Casenta, Jr., Esquire, Chief Deputy District Attorney Defendant, pro se NOTICE OF INTENT TO DISMISS PCRA PETITION PURSUANT TO Pa.R.Crim.P. 907(1) AND NOW, this 18th day of May, 2016, upon consideration of Defendant’s third Petition under the Post-Conviction Relief Act, and after the Court’s independent review of the file and the record, the Court finds that there are no genuine issues concerning any material fact, that the Defendant is not enti- tled to Post-Conviction Collateral Relief, and that holding a hearing would serve no purpose. Accordingly, pursuant to Pennsylvania Rule of Criminal Procedure 907(1), Defendant Charles Linton is hereby given Notice of this Court’s intention to dismiss his PCRA petition without a hearing.1 Pursuant to Pennsylvania Rule of Criminal Procedure 907(1), Defendant Charles Linton may respond to this Notice within twenty (20) days of the date of this Notice. If the Defendant does not respond, a subsequent order will be entered dismissing Defendant’s PCRA petition. If the Defendant does respond to this Notice, the Court will either dis- miss the petition, or direct that the proceedings continue. The Clerk of Courts of Chester County is directed to serve a copy of this Notice upon the District Attorney of Chester County and upon the Defendant, by Certified Mail, Return Receipt Requested. BY THE COURT: /s/ JAMES P. MacELREE II, J. 1 Pa.R.Crim.P. 907(1) requires the Court to state in this notice the reasons for the proposed dismissal of defendant’s PCRA petition. Defendant’s third PCRA petition is untimely. After a jury found defendant guilty of first degree murder, he was sentenced to life in prison on March 9, 2000. The Superior Court affirmed his judgment of sentence on March 20, 242 CHESTER COUNTY REPORTS Commonwealth v. Linton 240 (2016)] 2002. Since he did not file a petition for allowance of appeal in the Pennsylvania Supreme Court, his judgment of sentence became final on April 19, 2002, thirty days later. See: 42 Pa. C.S.A. § 9545(b)(3). To be timely, a PCRA petition must be filed within one year of the date that the challenged judgment becomes final, here, by April 19, 2003. 42 Pa.C.S.A. § 9545(b)(1). The instant petition, filed on March 22, 2016, was nearly thirteen years late. While there are three statutory timeliness exceptions listed in 42 Pa. C.S.A. § 9545(b)(1)(i- iii) that may excuse an untimely filing, it is the defendant who has the burden of pleading and proving the applicability of one of these exceptions. Commonwealth v. Beasley, 741 A.2d 1258, 1261 (Pa. 1999). Defendant’s claim in his most recent petition is that the United State Supreme Court’s decision in Miller v. Alabama, 132 S.Ct. 2455 (2012), renders his sentence illegal. However, defendant acknowledges that he was over the age of eighteen at the time of the murder, and the Miller decision, which held that juveniles under the age of eighteen may not be constitutionally sentenced to mandatory terms of life in prison without parole, cannot be used to excuse his untimely filing. Because the timeliness of a PCRA petition is a jurisdictional requisite, Commonwealth v. Robinson, 12 A.3d 477, 479 (Pa.Super. 2011), a Court has no power to address the claims of an untimely filed petition. Id. at 480. Thus, our intent to dismiss. No. 23 CHESTER COUNTY LAW REPORTER 6/09/16 TABLE OF CONTENTS LEGAL NOTICES Change of Name . 2 Corporation Notice . 3 Estate Notices 1st Publication . 3 Estate Notices 2nd Publication . 4 Estate Notices 3rd Publication . 5 Fictitious Name . 7 Statement of Registration Foreign Business Corporation. 7 Limited Liability Company . 7 Petitions Have Been Filed to End Parental Rights . 8 Notice of Mortgage Foreclosure . 9 Trust Notice . 9 Search Unclaimed Property. 10 Sheriff Sales. 70 3rd Publication 1 No. 23 CHESTER COUNTY LAW REPORTER 6/09/16 NOTICES CHANGE OF NAME NOTICE Please note: All legal notices must be submit- IN THE COURT OF COMMON PLEAS ted in typewritten form and are published exactly CHESTER COUNTY, PENNSYLVANIA as submitted by the advertiser unless otherwise CIVIL ACTION - LAW specified. Neither the Law Reporter nor the NO. 2016-03449 printer will assume any responsibility to edit, NOTICE IS HEREBY GIVEN that the name make spelling corrections, eliminate errors in change petition of Mackenzie Rose Thompson- grammar or make any changes in content. The Ensor was filed in the above-named court and use of the word “solicitor” in the advertisements will be heard on July 11, 2016 at 9:30 AM, in is taken verbatim from the advertiser’s copy and Courtroom 3 at the Chester County Justice the Law Reporter makes no representation or Center, 201 West Market Street, West Chester, warranty as to whether the individual or organi- Pennsylvania. zation listed as solicitor is an attorney or other- Date of filing the Petition: April 11, 2016 wise licensed to practice law. The Law Reporter Name to be changed from: Mackenzie Rose makes no endorsement of any advertiser in this Thompson-Ensor to: Mackenzie Rose Ensor publication nor is any guarantee given to quality Any person interested may appear and show of services offered. cause, if any they have, why the prayer of the said petitioner should not be granted. CHANGE OF NAME NOTICE Michelle C. Power, Esq. IN THE COURT OF COMMON PLEAS Ciccarelli Law Office CHESTER COUNTY, PENNSYLVANIA 304 N.