protective covenants violations

First, I assume you're talking about a magisterial district court, which I understand to be what Pennsylvania calls its small claims court. Second, in a civil lawsuit, you sue for money (or you can also sue for injunctive or declaratory relief, but those things often aren't available in small claims court). You would allege the damages that you believe you have suffered as a result of whatever legal wrong(s) you are alleging the defendant(s) committed against you.

Why do you think "the dollar value [of your] home is being devalued"? Are you actively seeking to sell your home? Or is this completely speculative?

Are these private covenants? You haven't really given us any context or background, but I assume you want to sue one of your neighbors. Why do you think you have power to enforce the covenants? Where do the covenants appear? In a deed somewhere in your neighbor's chain of title? Or are you in an HOA? What doe the covenants say?

 

I know all about deed restrictions. I studied many when I was house hunting a few years ago. And, yes, they are typically written to allow homeowners to sue to enforce them.

Unfortunately, a quick look at the PA magistrate rules suggests that it's not something that can be done in magistrate court.

246 Pa. Code Part I. General (pacodeandbulletin.gov)

You would have to hire a lawyer and sue in regular court for an injunction against the behavior.

Suing for reduced property value would be a waste of time because it's purely speculative. You don't lose the value until you sell your house. Then, if you think you got less than you should have, alleging that the neighbor's property condition was the cause, I doubt that you will be able to prove cause and effect. The reason you sold for less may be due to market factors, negotiating skills of the buyer, your anxiety to sell, lots of other reasons.

Your post suggests that the condition of your neighbor's property is visible to other neighbors. The conditions are likely violations of city ordinances, which you can look up, so why don't you and other property owners send photos and complaints to the city office that enforces those ordinances?

Most cities these days take urban blight seriously. You may have better luck with the city.

As for a private criminal complaint I'd be surprised if you looked it up and were aware of the procedures and limitations. If not, here's is some information about it.

Private Criminal Complaints | Wayne County, PA (waynecountypa.gov)

I seriously doubt that the violations you describe are "crimes" contemplated by private criminal complaints.

 

Pick any number you want. It won't matter.

Re-read what I wrote in my last post.

 

If you sue for an injunction there is no dollar amount to put in there because you are not suing for money damages. You are suing to force the guy to clean up his yard.

 

You can not get injunctions or other actions in Municipal/MDC small claims actions in Pennsylvania. The only remedy is monetary damages. The exception for some MDCs are evictions.

 

There is no dollar amount because you have incurred no monetary damages from the appearance of his yard.

Of course you would.

That's an option, not an obligation.

No surprise there. The developer doesn't care what the guy's yard looks like.

Why are you resisting my suggestion to report the conditions to the city ordinance enforcement agency?

 

Go to your city government's website and search for the municipal ordinances.

 

Where did you look? If you are in Carlisle PA where your IP address, here are the borough ordinances:

Borough of Carlisle, PA Table of Contents (ecode360.com)

Note that there is a section on Nuisances and a section on Property Maintenance.

And this is the website for Code Enforcement:

Carlisle, PA (carlislepa.org)

If you are somewhere other than Carlisle, say where.

 

Here's Chambersburg's ordinances.

Code of Ordinances, Chambersburg (elaws.us)

Study up.