HomeMy WebLinkAbout00-8089 Equity (2)ROBERT G. RIDGWAY
V.
ROBERT L. NORRIS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-8089 EQUITY
CIVIL ACTION - EQUITY
MEMORANDUM OPINION AND DECREE NISI
BEFORE GUIDO, J.
Having previously made findings of fact, and having reviewed the briefs filed by
the parties, we make the following conclusions of law;
CONCLUSIONS OF LAW
1.) This Court has jurisdiction.
2.) Plaintiffs and Defendant each have an express easement granting them the
right to use the private road that traverses the Mary Pyne tracts for access to
all such Mary Pyne tracts as well as to the footpath leading to State Road.
Said access may be by vehicle.
3.) Plaintiffs have neither an express easement nor an easement by necessity over
Defendant's lands to access their easternmost tract (Lot 9 lA).
4.) Plaintiffs have an easement by prescription over Defendant's eastern tract to
access their own easternmost tract (Lot 9lA) by foot. They have no such
easement across Defendant's western tract.
5.) Defendant has unreasonably interfered with the Plaintiffs' use of the express
easement referred to above.
NO. 2000-8089 EQUITY
6.) Plaintiffs have unreasonably interfered with Defendant's use of the express
easement referred to above.
Based upon the findings of fact previously made and the conclusions of law set forth
above, we enter the following:
DECREE NISI
AND NOW, this 6TM day of NOVEMBER, 2003, it is hereby ordered and
directed as follows:
1 .) Defendant shall not interfere with Plaintiffs' right to use the express
easement across his lands to access the footpath and other lands of the
Mary Pyne tract to the east. He is directed to remove any obstructions
he has placed across said easement. This shall be accomplished within
twenty (20) days. He shall thereafter refrain from obstructing the
Plaintiffs' use of said easement.
2.) Plaintiffs shall not interfere with the Defendant's right to use the
easement across their land to access his lands and other lands of the
Mary Pyne tract to the east. They are directed to remove the speed
bump, and any other obstructions, placed across said easement. This
shall be accomplished within twenty (20) days. They shall thereafter
refrain from obstructing the Defendant's use of said easement.
3.) If no exceptions are filed within ten (10) days, this Decree Nisi shall
become final.
NO. 2000-8089 EQUITY
By the Court,
Edward E. Guido, J.
Joseph L. Hitchings, Esquire
203 West Caracas Avenue
Hershey, Pennsylvania 17033
Marlin R. McCaleb, Esquire
219 East Main Street
P.O. Box 230
Mechanicsburg, Pa. 17055
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