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GILLEN APPEAL. HARTMAN APPEAL (09/22/75)

decided: September 22, 1975.

GILLEN APPEAL. HARTMAN APPEAL


Appeals from orders and adjudications of Court of Common Pleas of Montgomery County, Nos. 611 and 612 of 1974, in cases of In Re: Patrick Gillen, and In Re: Timothy Francis Hartman.

COUNSEL

J. Gregg, with him Calvin S. Drayer, Jr., Assistant Public Defender, for appellants.

Stewart J. Greenleaf, Assistant District Attorney, with him J. David Bean, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, and Spaeth, JJ. (Van der Voort, J., absent). Van der Voort, J., did not participate in the consideration or decision of this case. Opinion by Price, J., In Support of Per Curiam Order. Watkins, P.j., and Jacobs, J., join. Concurring and Dissenting Opinion by Hoffman, J. Cercone, J., joins in this opinion. Concurring and Dissenting Opinion by Spaeth, J.

Author: Per Curiam

[ 236 Pa. Super. Page 522]

The adjudication and order of the court below appealed on behalf of Hartman at No. 1242, October Term 1974, in this Court, is reversed and remanded for further proceedings.

The six judges who heard the appeal on behalf of Gillen, at No. 1241, October Term 1974, in this Court, being equally divided, the order of the court below is affirmed.

Disposition

Order and adjudication reversed and case remanded at No. 1242. Order affirmed at No. 1241.

[ 236 Pa. Super. Page 523]

These are appeals by Patrick Gillen and Timothy Francis Hartman from adjudications of delinquency based on petitions filed by the Ambler Police Department on May 31, 1974. The petitions alleged acts of criminal mischief by both the minors. In addition, a petition against Gillen only was filed by the Upper Dublin Police Department, alleging theft of movable property, possession of a pipe containing marijuana residue, and another act of criminal mischief.

An adjudicatory hearing was held on June 7, 1974, at which time the following facts were placed in evidence. On May 30, 1974, Marilyn Lobley and David Styer parked their cars in front of the Ambler Presbyterian Church. Upon returning to their cars later in the evening, both owners discovered that the automobiles were damaged. The right doors of Mrs. Lobley's Toyota had been kicked in and the rear panel dented. Mr. Styer's Datsun had been similarly damaged. The print of a sneaker was visible on the right door of Mr. Styer's Datsun, in the center of the dent.

Further testimony by a disinterested witness, Ruellen Booker, placed the youths at the scene at the approximate time the mischief had been committed. This witness stated that she had seen one of the appellants standing near the Toyota and the other jumping on its rear bumper. She recognized the boys from prior associations with them.

Two policemen from the Ambler Police Department observed the boys one block from the church shortly after Ms. Booker had seen them. The boys ran when they recognized the officers, but were apprehended. The officers stated that the boys ...


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