Rule 135 - Nuisance ComplaintsThe Philadelphia Municipal Court Rules of Civil Procedure shall apply to Nuisance Complaints commenced pursuant 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 be 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.Adopted by the Board of Judges November 30, 1990, effective 2/1/1991. The Rule has been stayed by the Court until further notice.