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CASTAGNA v. COM.

831 A.2d 156 (2003)

Richard V. CASTAGNA, d/b/a Bristol Penn Jersey Auto v. COMMONWEALTH of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Appellant.

Commonwealth Court of Pennsylvania.

Decided August 22, 2003.

Attorney(s) appearing for the Case

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Dean W. Ibrahim, Doylestown, for appellee.

BEFORE: COLINS, President Judge, FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

FLAHERTY, Senior Judge.

The Department of Transportation (DOT) appeals from an order of the Court of Common Pleas of Bucks County (trial court) which sustained the appeal of Richard V. Castagna, d/b/a Bristol Penn Jersey Auto (Castagna) and directed that DOT rescind the fine and suspension of Castagna's inspection station certificate. We affirm in part, reverse in part and remand for the reasons set forth below.

On April 5, 2002, DOT issued an Order of Fine...

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