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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a neighbor that makes excessive noise including very

Customer Question

I have a neighbor that makes excessive noise including very loud curses every night between the hours of 10 PM and 4 AM on an almost nightly basis. This has disrupted my wife and my sleep and has begun to wake my six year old daughter. The police have been called by me and my neighbors numerous times but she seems to be connected with the local officers. What options do we have legally? I have recorded these obscenities on digital tape and have accumulated ver 40 hours of loud yelling, cursing and laughing. Please help,
sleepless in PA
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

Have you considered filing a civil nuisance claim against the person?
Customer: replied 7 years ago.
I was not aware that there was such a thing. I just want a quiet night and not to have my children subjected to such vulgarity.
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your patience.

If the police are no help, you can attempt to file a formal injunction based on "private nuisance" in your local district court. In Pennsylvania private nuisance is defined as a "substantial and unreasonable interference" with another private individual's use or enjoyment or property that he actually possesses or to which he has a right of immediate possession. Their screaming and shouting does affect your property rights, and if you speak to other neighbors, you may even attempt to bring a group petition for a public nuisance as well, which is defined as an act that unreasonably interferences with the health, safety or property rights of the community at large.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 6:50 AM EST
Customer: replied 7 years ago.
one question, I have three neighbors that are willing to do whatever necessary to solve this problem. How would go about filing? would we do it individually or as a group?
Expert:  Dimitry K., Esq. replied 7 years ago.
To file, consider contacting the district court clerk. If you wish to file without an attorney, request "pro se" filings for a nuisance claim, and then file separately against the person. The judge will most likely combine the petitions, but it would give it more weight if each of you file by yourself first.

Good luck!

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 6:56 AM EST