Phil. Cnty. Pa. 109

As amended through December 18, 2021

Rule 109 - Contents Of Complaints

a. The complaint, except Code Enforcement and Landlord/Tenant 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 attached. 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 section 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 and 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 plaintiff'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 to 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 the 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 complaint is authorized by the plaintiff to do so.

Phil. Cnty. Pa. 109

Amended by the Board of Judges December 9, 1988, General Court Regulation 89-1-MC, effective 2/1/1989. Amended on November 8, 2017, published in the Pennsylvania Bulletin on November 25, 2017; effective 1/2/2018. See President General Court Regulation No, 01 of 2017.