CAIN v. COM. DEPT. OF TRANSP.


811 A.2d 38 (2002)

Patrick R. CAIN and Amy D. Cain, v. COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION, Bureau of Motor Vehicles, Appellant. Patrick R. Cain, v. Commonwealth of Pennsylvania Department of Transportation, Bureau of Motor Vehicles, Appellant. Amy D. Cain, v. Commonwealth of Pennsylvania Department of Transportation, Bureau of Motor Vehicles, Appellant.

Commonwealth Court of Pennsylvania.

Decided September 25, 2002.


Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Counsel In-Charge and Harold H. Cramer, Asst. Chief Counsel, Harrisburg, for appellant.

No appearance entered on behalf of appellees.

BEFORE: McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN, Judge, SIMPSON, Judge and LEAVITT, Judge.


OPINION BY Judge LEAVITT.

The Department of Transportation, Bureau of Motor Vehicles (DOT) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the appeals of Patrick and Amy Cain (Cains) from DOT's suspension of the registrations of their Acura coupe, Chevrolet truck and Honda sedan. We vacate and remand.

On January 30, 2001, DOT notified the Cains that the registrations...

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