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.
Injunctive Relief For Trespassing In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000302
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Word;
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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 ...