Opinion
Decided: December 22, 2000.
Appeal No. 65 M.D. appeal Dkt. 2000, from the Order of the Court of Common Pleas of Chester County, Civil Division, entered on 12/20/99 at 99-02018.
AND NOW, this 22nd day of December, the order of the common pleas court is REVERSED, and the matter is remanded for further proceedings consistent with Commonwealth v. McCafferty, 563 Pa. 46, 758 A.2d 1155 (2000), and Commonwealth v. Harrington, 563 Pa. 565, 763 A.2d 386 (2000).
Mr. Justice Cappy files a concurring statement.
I join in the per curiam reversal and remand for the reasons set forth more fully in my concurring opinion in Commonwealth, Dep't of Transp. v. Harrington, 563 Pa. 565, 763 A.2d 386 (2000).