Philadelphia Cnty. C.P. Municipal Court-Civil Rule 109

a. The complaint, except Code Enforcement and Landlord/Tena nt Claims which are covered in

subsections b. and c. shall set forth:

1. The full names and street addresses of the parties.

(a) where full names are not available upon reasonable investigation the plaintiff may

affirm that the name given is the only one known.

(b) if the address is a post office box in Philadelphia then it must be affirmed that no valid

street address is known for the defendant.

2. Itemization of the sums claimed with attached copy of an invoice or statement of account.

If such is not available, plaintiff shall so affirm.

3. A brief, concise statement of the relevant and admissible facts, occurrences and transactions

upon which the claim is based and damages sustained, including relevant times, dates and

places.

4. Where the claim is based upon a writing, a copy of the writing or pertinent portions thereof

shall be at tached. If the writing is not available, it is sufficient to so state, together with the

reasons, and to set forth the substance of the writing.

5. If the claim involves repairs, an estimate to repair or a repair bill shall be attached. If such

is not attached at time of filing, plaintiff shall state in the complaint the reasons the estimate

or bill is not provided

6. If fees other than court costs are requested, then a copy of the contract or pertinent provision

of the law authorizing the fee shall be attached.

b. Code or statute enforcement claims shall set forth:

1. The defendant’s name.

2. The defendant’s residence or place of employment.

3. Citation of the secti on or sections of the statute, code, or ordinance alleged to have been

violated.

4. A brief description of the facts of the violation.

5. A request for the imposition of penalty and fine as provided by law.

6. The name of the tax, the year or years of the alleged delinquency, and the amount(s) of such

delinquency in actions to impose fines for failure to pay taxes due under any ordinance of the

City of Philadelphia.

7. Averments of prior convictions, where an enhanced penalty is requested.

c. Landlord/Tenant Complaint.

1. An action by a landlord against a tenant for the recovery of possession of the leased

property, unpaid money due under the lease, and/ or as a result of alleged damage to the leased

property shall be made in writing on a form complaint approved by the court.

2. The plaintiff or the plaintiff’s agent, power of attorney, authorized representative or

attorney shall sign and verify the complaint as follows:

The facts set forth in this complaint are true and correct to the best of my

knowledge, information and belief. This statement is made subject to the

penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

3. The complaint shall set forth:

(a) The names, street and email addresses of the parties an d of any counsel

representing the parties;

(b) The location and the address of the leased property, possession of which the

plaintiff is seeking;

(c) That the plaintiff is the owner of the leased property;

(d) That the plaintiff leased the property for a specified term to the defendant or to

some other person under whom the defendant claims a leasehold interest;

(e) That notice to vacate was provided to the defendant in accordance with law or that

no notice was required under the terms of the lease;

(f) That rent reserved and due, upon demand, remains unsatisfied, that the term for

which the property was leased has been terminated by the plaintiff or ended, that a

forfeiture has resulted by reason of a breach of a condition of the lease other than

nonpayment of rent, and/or that the defendant is responsible for damages to the leased

property or the plaintiff’s personal property;

(g) That the defendant retains possession of the leased property and refuses to

surrender possession of the leased property;

(h) The amount of rent, if any, which remains due and unpaid on the date the complaint

is filed, whatever additional rent remains due and unpaid on the date of the trial, and/or

the amount, if any, claimed for damages to the leased property and/or the pla intiff’s

personal property;

(i) That, if applicable, the case involves a subsidized lease or a Low Income Tax Credit

unit;

(j) That, if applicable, the landlord is in compliance with the requirements of those

sections of the Philadelphia Code that relate t o Certificates of Rental Suitability, the

City of Philadelphia Partners for Good Housing Handbook and Rental Licenses;

(k) Pertinent information relating to the City of Philadelphia’s Lead Paint Disclosure

Law; and

(l) Pertinent information relating to th e fitness of the leased property for its intended

purpose and to any notices of Philadelphia Code violations issued by the Department

of Licenses and Inspections.

4. Attached to the complaint shall be:

(a) A copy of any written lease or a statement as to why a written lease is unavailable;

(b) A copy of the Rental License which was in force during any time that the plaintiff

is seeking to collect rent and is in force at the time of filing;

(c) A copy of the Certificate of Rental Suitability that was provided to the defendant;

(d) A copy of any notice to vacate that was provided to the defendant;

(e) A copy, if applicable, of any relevant power of attorney, authorized representative

form or other document showing that the person who verifies the complai nt is

authorized by the plaintiff to do so.

Note: Amended by the Board of Judges December 9, 1988, General Court Regulation 89-1-MC, effective

February 1, 1989. Amended on November 8, 2017, published in the Pennsylvania Bulletin on November

25, 2017; effective January 2, 2018. See President General Court Regulation No, 01 of 2017.