Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PAUL M. KINZEY v. JOSEPH MAROLT AND CHRISTINA MAROLT (07/10/81)

filed: July 10, 1981.

PAUL M. KINZEY, APPELLANT,
v.
JOSEPH MAROLT AND CHRISTINA MAROLT, HIS WIFE, AND LANNY FULLER, T/D/B/A JO-LAN TRAILER COURT AND EARL HARDY, AND JOHN HIBERY, AND ALLAN LEIDY, AND JOHN EWT, AND DAVID BENDER



No. 83 April Term, 1979, Appeal from the Order of the Court of Common Pleas of Westmoreland County, at No. 2388 of 1976, Civil Action-Law.

COUNSEL

Ronald J. Bergman, Greensburg, for appellant.

Henry A. Hudson, Jr., Greensburg, for appellees.

Price, Cavanaugh and Watkins, JJ.

Author: Watkins

[ 288 Pa. Super. Page 427]

This is an appeal from a decree in equity of the Court of Common Pleas of Westmoreland County after petition and hearing of a dispute over obstruction of an easement.

The appellant, Paul M. Kinzey, purchased blocks 82 and 121 from Venna L. Welshons in 1941 per a plan of New

[ 288 Pa. Super. Page 428]

Florence Borough and extending into St. Clair Township, Westmoreland County. The description referred to Spruce Street, Third Street, Walnut Street, Locust Street, and Fourth Street.

Appellees, who operate a trailer park, acquired the remaining portions of the Welshons tract, approximately 92.9 acres in 1954 after exception of all blocks previously sold.

In an equity action brought in 1969 in Westmoreland County wherein the parties to this action were also involved, but in reverse positions, the court below found an easement by implication in appellant but prohibited his use of the easement in any manner inconsistent with appellees' rights in same.

The appellees apparently encroached upon Third Street, by placing trailers and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.