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Try CasePortal for FreeJ. Kunselman finds that the lower court improperly sentenced defendant to one year of probation for destroying a line of property survey stakes separating her land from her neighbors’. There is no evidence that the stakes and flags she removed from a shared driveway met the statutory definition of “survey monuments or markers,” which are intended to be permanent, under Pennsylvania law; thus, defendant’s conviction for destruction of a survey monument may not stand. Vacated.
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