US Legal Forms
1200 Civil Action Forms
Complaint for Injunctive Relief and Damages for Breach of...

Injunctive Relief For Trespassing In Philadelphia

Category:

Civil Actions - Breach of Contract

State:

Multi-State

County:

Philadelphia

Control #:

US-000302

Format:

Instant download

Description

This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.

View Board meeting for small company in Philadelphia

View this form

View Board meeting for small company in Allegheny

View this form

View Board meeting for small company in Ohio

View this form

View Board meeting for small company in Franklin

View this form

View Board meeting for small company in Cuyahoga

View this form

Form Rating

4.75

Satisfied(311)

Form popularity

FAQ

The usual remedy for a continuing trespass is a permanent injunctionvi. It is to be noted that in some jurisdictions, in case of continuing intrusions by way of trespass, each repetition or continuance amounts to another wrong that leads to a new cause of action.

In Pennsylvania, someone who commits the offense of trespassing on another's property, or who acts as a defiant trespasser in any place, faces either misdemeanor or felony penalties, depending on the details and specifics of the case.

Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.

Those who commit simple trespass, which is a summary offense, may see up to 90 days in jail, along with a fine that will not be more than $300. The real issue with trespassing comes in when a person adds other crimes onto it, such as threatening someone, DUI, drug issues, violation of a no-contact order, or vandalism.

Injunctions can offer relief where monetary compensation does not suffice or is not appropriate. For example, in the case of bankruptcy, it is more appropriate to ask debt collectors to halt their collection efforts than to request financial rewards.

(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...

The plaintiff has the burden of proving that the defendant has breached the contract and that injunctive relief is necessary to prevent further harm. The plaintiff must also prove that the harm caused by the breach cannot be adequately compensated through monetary damages alone.

Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.

To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...

The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...

More info

A Practice Note addressing the process of applying for preliminary injunctive relief in the Court of Common Pleas of Philadelphia County, Pennsylvania. You will need one copy of the civil complaint with original signature for the magisterial district judge.Notify the City Solicitor should the demonstration involve a labor dispute or whenever any building or property owner seeks injunctive relief. 6. The Second Amended Complaint seeks declaratory and injunctive relief stemming from a property boundary dispute between Plaintiffs and Defendants. In some cases, a Philadelphia Landlord Tenant lawyer may file an emergency injunction for immediate possession to expedite an ejectment matter. An injunction is often the best way to stop repeated trespassing. Many state courts have forms to help you draft your request. (8) full, complete and adequate non-statutory remedy at law. Include language tracking the relief the Estate requested in the petition for preliminary injunction directing IBP to remove their personal property from. Damages for Removal of Property Distrained On. Section 312.

Injunctive Relief For Trespassing In Philadelphia

Description

Related forms

Show more info

Form Rating

Form popularity

FAQ

What is the remedy for trespass to land?

What is the law on trespassing on private property in PA?

What are the three types of trespass?

What is the fine for trespassing on private property in Pennsylvania?

What is an example of injunctive relief?

How to get an injunction in PA?

What is the burden of proof for injunctive relief?

How do I write a request for an injunction?

What is required to file an injunction?

How do you seek and obtain injunctive relief?

More info

Trusted and secure by over 3 million people of the world’s leading companies