KARPIENIAK v. LOWE


747 A.2d 928 (2000)

Joseph S. KARPIENIAK, Jr. and Joan A. Karpieniak, Husband and Wife, Appellees, v. Barry K. LOWE and Kathleen Lowe, Husband and Wife and Dawn Lowe Whitney, Appellants.

Superior Court of Pennsylvania.

Filed February 25, 2000.


Attorney(s) appearing for the Case

Joseph N. BiFano, West Mifflin, for appellants.

Louis R. Salamon, Pittsburgh, for appellees.

Before CAVANAUGH, DEL SOLE and MONTEMURO , JJ.


DEL SOLE, J.:

¶ 1 Appellants, Barry and Kathleen Lowe and Dawn Lowe Whitney, appeal from a Supplemental Decree entered May 7, 1998, in this equity action. We reverse.

¶ 2 The sole issue raised on appeal is whether the trial court had the power to enter the Supplemental Decree, which substantially altered its original decree, to create an easement across Appellants' property when no such relief was requested either in the complaint or at trial and...

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