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ANDREW M. KOVACH AND ANN A. KOVACH v. GENERAL TELEPHONE COMPANY PENNSYLVANIA (03/08/85)

filed: March 8, 1985.

ANDREW M. KOVACH AND ANN A. KOVACH, HIS WIFE, APPELLANTS,
v.
GENERAL TELEPHONE COMPANY OF PENNSYLVANIA, A PENNSYLVANIA CORPORATION



No. 00684 Pittsburgh 1983, APPEAL FROM THE JUDGMENT ENTERED JUNE 8, 1983 IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, NO. 519 CIVIL 1980

COUNSEL

Patrick J. DeMay, Bethel Park, for appellants.

Daniel W. Rullo, Somerset, for appellee.

Cirillo, Tamilia and Montgomery, JJ.

Author: Cirillo

[ 340 Pa. Super. Page 146]

This is an appeal by appellants Andrew and Ann Kovach from a judgment entered by the Court of Common Pleas of Somerset County. We affirm.

[ 340 Pa. Super. Page 147]

Early in the 1960s, General Telephone Company of Pennsylvania (GTE) contracted with radio station WWBR, Inc., to erect telephone poles and transmission lines that would connect the station with its antenna facility. In 1963, GTE contacted Mary Bosak,*fn1 predecessor in title to the land in question, and sought permission to erect telephone poles and transmission lines on her property. Mrs. Bosak gave GTE oral permission and, at considerable expense and labor, the equipment was installed on the property.

The Kovachs began renting the Bosak property in 1965, and four years later purchased it. At trial, appellants repeatedly acknowledged their awareness of the telephone poles and transmission lines on the property at the time of the purchase.

In 1980, the Kovachs filed a complaint in equity against GTE and WWBR, alleging a continuous trespass because of the presence of the equipment. Appellants demanded removal of the poles and lines and damages for the trespass.

All parties filed motions for summary judgment. The chancellor granted WWBR's motion on the basis of GTE's admission that the radio station played no role in "the selection of sites for the poles, the acquisition of the required rights in the property selected, or the installation of the poles and line." The motions by appellants and GTE were denied.

Following a trial before the chancellor in equity, a decree nisi was entered dismissing the Kovachs' cause of action and assessing them the costs appellee incurred in defending the action. Exceptions to the decree were argued and ...


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