Possessky v. Diem

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 across lands (Tracts B and C) owned by Franklin and Barbara Diem and Frank and Cindy Diem. On February 28, 1991, Possessky purchased property…