Moyer, K. v. Walters, W.

CourtSuperior Court of Pennsylvania
DecidedMay 24, 2024
Docket635 WDA 2023
StatusUnpublished

This text of Moyer, K. v. Walters, W. (Moyer, K. v. Walters, W.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moyer, K. v. Walters, W., (Pa. Ct. App. 2024).

Opinion

J-A03005-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

KENNETH E. MOYER AND BECKY L. : IN THE SUPERIOR COURT OF MOYER, HIS WIFE, AND RAYFORD G. : PENNSYLVANIA NEELY AND CATHERINE E. NEELY, : HUSBAND AND WIFE : : v. : : WILFORD L. WALTERS AND CAROL : A. WALTERS, HUSBAND AND WIFE, : EARL I. CONNER AND BETTY A. : CONNER, HUSBAND AND WIFE, : JAMES S. HEWITT AND NORMA : HEWITT, HUSBAND AND WIFE, : TOGETHER WITH THEIR HEIRS, : EXECUTORS, SUCCESSORS AND : ASSIGNS, AND ALL OTHER PERSONS : CLAIMING THROUGH THEM : : Appellants : : : No. 635 WDA 2023 APPEAL OF: GEORGE CONNER :

Appeal from the Order Entered May 9, 2023 In the Court of Common Pleas of Blair County Civil Division at No(s): 21403 GN 1997

BEFORE: BOWES, J., KUNSELMAN, J., and MURRAY, J.

MEMORANDUM BY BOWES, J.: FILED: May 24, 2024

George Conner (“George”) appeals from the order that, inter alia, found

him in contempt of prior orders concerning a right of way over a private road

abutting his property, as well as the property of Appellees Kenneth and Becky J-A03005-24

Moyer (“the Moyers”), and Rachel Pletcher.1 We affirm in part, vacate in part,

and remand with instructions.

This case involves an intra-family feud between George and his brother

Donald Conner (“Donald”), both of whom lived on White Oak Lane, a private

dirt roadway that ran alongside their parents’ family farm. George’s apparent

disgruntlement with Donald over the disposition of the farm has expanded into

a feud between George and his son Joshua Conner on the one hand, and on

the other the rest of Appellees, who are residents of White Oak Lane and

include additional members of the Conner family. To understand how this

state of affairs came to be, we must travel back to 1997 when the instant

lawsuit commenced.

The original plaintiffs in this case were Rayford and Catherine Neely,

their daughter Becky Moyer, and her husband Kenneth. The Moyers desired

to purchase a home near the Neelys but had difficulty obtaining a mortgage

because they had no recorded right to use White Oak Lane, the sole access to

their properties. When only some of the implicated property owners willingly

granted an easement, the plaintiffs filed an action to quiet title, asserting that

they had an easement by prescription or necessity over the private roadway,

which they suggested was twenty feet in width to appease the mortgage

____________________________________________

1 At the time, the Neelys’ successor was married to Matthew Sleasman and

went by Rachel Neely Sleasman. After Matthew passed away and Rachel remarried, she adopted the surname Pletcher. For ease of discussion, we identify her as Ms. Pletcher throughout this writing.

-2- J-A03005-24

company. Accordingly, they requested a decree acknowledging their right of

ingress, egress, and regress upon the private roadway and permanently

prohibiting any of the defendants, who were the landowners along White Oak

Lane between the plaintiffs’ properties and public road, from interfering with

the use of the twenty-foot-wide easement. See Complaint, 3/24/97, at ¶ 25.

The plaintiffs moved for default judgment after no defendant answered

the complaint. Upon concluding that all defendants were properly served with

the complaint, the trial court entered a judgment by default, ordering as

follows in pertinent part:

1. That the plaintiffs have the right of ingress, egress and regress over, along and upon a certain parcel of ground, being approximately twenty feet in width and extending 790 feet in depth, in a northwesterly direction from Township Road 406, being a private road, commonly known as White Oak Lane.

....

3. That the defendants in this proceeding and any person claiming under them, are permanently enjoined and restrained and forever barred from asserting any claim, right, title or interest in the right-of-way, inconsistent with the plaintiffs and defendants are permanently enjoined from interfering with the use of the said easement by the said plaintiffs, their successors and assigns, claim or interest in or to said real property or any part thereof.

Order, 5/12/97, at unnumbered 2 (unnecessary capitalization and redundant

numerical values omitted).

No appeal was taken, and as a general rule, the White Oak Lane

residents thereafter cooperated in maintaining the private roadway by filling

in potholes as needed and clearing snow in the winter.

-3- J-A03005-24

Fast forwarding to 2009, the Moyers still owned their property, while

their niece, Rachel Pletcher and her husband had succeeded to the Neelys’

interest. Donald and George still resided on parcels that abutted the roadway

further up the lane, but George had also acquired the property along the

easement that was held by James and Norma Hewitt at the time of the 1997

order. The Walters family still owned their property along the public road.

Original defendants Earl and Betty Conner, the parents of Donald and George,

had both passed away and the brothers were embroiled in litigation over their

parents’ farm, which Donald ultimately acquired in 2010.

In the midst of his battle with Donald, George dug a trench, also

described as a ditch or a moat, along the 300 feet of his property that abutted

the easement. Mr. Moyer posited that George’s motivation was spite. See

N.T. Hearing, 4/12/22, at 101. George later claimed to have had the intention

of installing a drainage ditch to collect water that ran off his property before

it reached the road, but he did not share his plan with his neighbors because

“what I do on my property is my personal business.” See N.T. Hearing,

4/13/22, at 129, 155.

George’s digging prompted the filing of a petition for contempt and an

injunction by Ms. Pletcher and the Moyers, asking the court to: (1) find

George in contempt of the 1997 order; (2) direct him to immediately return

the easement to its prior condition; and (3) establish the exact location of the

twenty-foot-wide easement. See Petition, 10/27/09, at ¶ 17. In addressing

-4- J-A03005-24

the petition, the court accepted a 2007 survey of the area conducted by John

Young and scheduled further proceedings to occur after Mr. Young plotted the

easement on that survey. Although no version of Mr. Young’s survey is

contained in the certified record before us, we offer the following visual of the

area in question, which is a drawing taken from a brief Appellant filed in the

trial court:

Positional Brief, 6/21/22, at unnumbered 2 (lettering modified, parenthetical

in original).

When Mr. Young established that George’s ditch did interfere with the

easement, the court by order dated November 19, 2009, ruled that George

-5- J-A03005-24

was required to, within fifteen days, “have the ditch professionally filled in and

the surface rendered to a level with and a firmness consistent with the existing

roadway, except that the slope of the roadway could be engineered so that

water runs off to the side of the roadway on [George’s] side of the property.”

Order, 11/20/09, at unnumbered 1. The order further specified that “all

parties must take any action needed to maintain the [twenty-foot] right of

way as laid out by the survey within [fifteen] days of today’s date.” Id. at

unnumbered 2.

In May 2010, George filed a petition to enforce the order, contending

that Donald and Ms. Pletcher failed to take action to ensure that the full twenty

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