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POSSESSKY v. DIEM

440 Pa.Super. 387 (1995)

655 A.2d 1004

Francis POSSESSKY, Appellant, v. Franklin C. DIEM and Barbara A. Diem, Husband and Wife; and Frank L. Diem and Cindy A. Diem, Husband and Wife, Appellees. (Two Cases.) Francis POSSESSKY, Appellee, v. Franklin C. DIEM and Barbara A. Diem, Husband and Wife; and Frank L. Diem and Cindy A. Diem, Husband and Wife, Appellants. Francis POSSESSKY, Appellee, v. Franklin C. DIEM and Barbara A. Diem, Husband and Wife; and Frank L. Diem and Cindy A. Diem, Husband and Wife, Appellants.

Superior Court of Pennsylvania.

Filed February 28, 1995.

Attorney(s) appearing for the Case

John L. Sampson, Lancaster, for Francis Possessky.

Cynthia B. Blakeslee, Leola, for Franklin and Barbara Diem and Frank and Cindy Diem.

Before CAVANAUGH, POPOVICH and SAYLOR, JJ.

SAYLOR, Judge:

This is an appeal from an order entered in the Court of Common Pleas of Lancaster County denying Appellant, Francis Possessky, an easement by implication or necessity, denying the motion of Appellees, Franklin and Barbara Diem and Frank and Cindy Diem, to vacate summary judgment entered in favor of Possessky, and denying Appellees' petition for costs, attorneys fees and civil penalty.

Possessky claims an easement by necessity or implication...

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