HomeMy WebLinkAbout99-4189 CIVILLEE A. CLOUSE and IN THE COURT OF COMMON PLEAS OF
PATRICIA A. CLOUSE, CUMBERLAND COUNTY, PENNSYLVANIA
husband and wife, and
GALEN R. CLAUSE and NO. 99-4189 CIVIL TERM
WANDA L. CLAUSE,
Husband and wife,
Plaintiffs
CIVIL ACTION - LAW
V.
ACTION TO QUIET TITLE
JaYCEE. GRIES, individual
and JAMY L. HANDSHEW
and PAMELA J. HANDSHEW,:
husband and wife,
Defendants
OPINION AND ORDER
At the original hearing in this matter, the focus of the evidence was the
claim of plaintiffs that their predecessors in title (to a piece of landlocked
mountain land) had reserved a right-of-way over defendants' land. The court
decided in favor of plaintiffs and no one appealed. However, the opinion
never dealt with the issue of the width of that right-of-way, as no evidence was
presented by either party on that issue.~
Subsequently, when the parties could not agree on the width of the
right-of-way, they returned to court on July 30, 2002, to present evidence. At
issue are the words: "with right-of-way on wagon road from the public road to
said premises."
~ While plaintiff submitted a "Conclusion of Law" as to the width, no "Finding of Fact" was presented,
nor was any testimony taken.
Of special help to the court in this case is the opinion of Guido, J., in
Keller v. Shealer, No. 2001-0771, Cumberland County, 2002, which we adopt
in this case, wherein the court found that the width of an easement "roadway"
was fifteen (15) feet.
ORDER OF COURT
AND NOW, November 4, 2002, plaintiffs' right-of-way shall be fifteen
(15) feet.2
By the Court,
George E. Hoffer, P.J.
Dale F. Shughart, Jr., Esquire
35 East High Street, Suite 203
Carlisle, PA 17013
For the Plaintiffs
John H. Broujos, Esquire
4 North Hanover Street
Carlisle, PA 17013
For the Defendants
2 The court notes and adopts the "Stipulation of Counsel" dated October 31,2002.
2