Philadelphia Cnty. C.P. Municipal Court-Civil Rule 135

The Philadelphia Municipal Court Rules of Civil Procedure shall apply to Nuisance Complaints

commenced pur suant to Act #147, enacted November 29, 1990, except as otherwise provided

herein.

a. Nuisance Complaints shall be made upon printed forms approved by the Municipal Court

Administrator, be verified by the plaintiff and shall set forth:

1. the names and addresses of the parties, including whether plaintiff resides or operates a

business within 500 feet of defendant;

2. 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;

3. whether plaintiff personality witnessed the conduct complained of;

4. whether any governmental agencies have been contacted about the conduct complained of;

5. a request for the issuance of an Order restraining the conduct complained of or other

appropriate relief;

6. such other information as is required by the Court.

b. Nuisance Complaints shall have annexed thereto a completed Nuisance Complaint Fact Sheet,

verified by the Plaintiff, and containing such information as required by the Court.

c. A Rule to Show Cause-Summons and proposed Order shall be annexed to every Nuisance

Complaint. If the Rule to Show Cause-Summons is denied, the reason for the denial shall be

stated by the Court.

d. Nuisance Complaints and any subsequent Petitions and Orders issued by the Court shall be

served in the same manner as provided in the Court of Common Pleas Rules of Civil Procedure

for Equity Actions, except that service shall be made by Writ Servers in Philadelphia or by

Pennsylvania constables on a county outside of Philadelphia. If the Court is not satisfied that a

named defendant has received notice of the proceedings or order, the matter shall be continued by

the Court for service.

e. If a Nuisance Complaint alleges facts which may constitute a violation of Statute or City

Ordinance, the appropriate governmental agencies shall b e notified of the filing of the Nuisance

Complaint. Government agencies shall have the right to intervene in the proceedings.

f. Proceedings to enforce compliance with a Court Order or to adjudge a party guilty of contempt

shall be initiated by the filing of a Rule to Show Cause, Petition and proposed Order. Enforcement

of Orders shall be in the same manner as provided in the Court of Common Pleas Rules of Civil

Procedure for Equity Actions.

g. Continuances may be granted only for good cause shown and only by the Court at the scheduled

hearing listing of the case. Continuance requests must be submitted to the Court at least 10 days

before the scheduled hearing and served upon all parties. The request must show good cause for

the continuance.

Note: Adopted by the Board of Judges November 30, 1990, effective February 1, 1991. The Rule has

been stayed by the Court until further notice.