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LINDSAY RYAN (04/25/80)

filed: April 25, 1980.

IN THE INTEREST OF LINDSAY RYAN, A MINOR. APPEAL OF LINDSAY RYAN. IN THE INTEREST OF VINCENT LONG, A MINOR. APPEAL OF VINCENT LONG


No. 2322 October Term 1978, No. 2881 October Term 1978, Appeal from Order of the Court of Common Pleas of Delaware County, Juvenile, No. 29527701 - 3. Appeal from Order of the Court of Common Pleas of Delaware County, Juvenile, No. 18398.

COUNSEL

Raymond R. Williams, Assistant Public Defender, Media, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, Media, for appellee.

Spaeth, Stranahan and Sugerman, JJ.*fn*

Author: Spaeth

[ 277 Pa. Super. Page 435]

Each of these appeals, which have been consolidated, is from an order adjudging a child delinquent and placing him on probation subject to certain conditions.

Although differing on details, on their essential facts the two cases on appeal are the same. A child was convicted by a district justice of various summary offenses; he was fined; and he did not appeal. When the child did not pay the fines, the district justice certified the case to the court of common pleas, and a hearing was held. At the hearing, counsel for the child argued that the court should decide, de novo, whether the child had committed the summary offenses for which he had been fined. The court, however, ruled that the only issue properly before it was whether the child had failed to pay the fines. Finding that he had, the court adjudicated the child delinquent, and placed him on probation. Appellant Lindsay Ryan was placed on probation on condition "that he make every effort to pay the fine[s]." (6/27/78, N.T. 27)*fn1 Appellant Vincent Long was placed on

[ 277 Pa. Super. Page 436]

    probation on condition that he pay the fines at the rate of $15 per week. (10/31/78, N.T. 10)

-1-

The juvenile court has jurisdiction over children charged with delinquent acts. In Re Gillen, 236 Pa. Super. 521, 344 A.2d 706 (1975). The Juvenile Act, Act of July 9, 1976, P.L. 586, No. 142, § 2, eff. June 27, 1978, 42 Pa.C.S.A. § 6302 (Purdon's 1979 Pamphlet), defines "Delinquent act" as follows:

(1) The term means an act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under ...


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