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 Allegheny
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State:
Multi-State
County:
Allegheny
Control #:
US-000302
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Word;
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Rule 1301.1 - Discovery in Compulsory Arbitration Proceedings (Except Small Claims) (1) For any personal injury claim filed in Compulsory Arbitration, the plaintiff may serve arbitration discovery requests (see FORM 1301.1A) (see subsection (8)(a) below) either together with the copy of the Complaint served on the ...
You can be charged with criminal trespassing if you knowingly gain entry by subterfuge (deception) into a building or occupied structure (third-degree felony). Second-degree charges relate to gaining entry by force or breaking into a building or occupied structure.
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.
First-degree misdemeanor charges are punishable by up to 5 years of jail time, and fines of $10,000. Third-degree misdemeanors are punishable by jail time up to 1 year and fines up to $2,000. For simple trespassers, the offense will be a summary offense, which can include 90 days of jail time, and fines up to $300.
A temporary restraining order (TRO) is a common preliminary injunctive relief example. For instance, a court order placing the sale of a company on hold while a breach of fiduciary duty or a shareholder derivative lawsuit is ongoing.
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.
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 ...
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
(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 ...
A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.
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A Practice Note addressing the process of applying for preliminary injunctive relief in the Court of Common Pleas of Allegheny County, Pennsylvania. Requests for injunctive relief, including discovery on requests for injunctive relief; and. (ii).A checklist of practical steps for obtaining a preliminary injunction in the Court of Common Pleas of Allegheny County, Pennsylvania. You will need one copy of the civil complaint with original signature for the magisterial district judge. Note: Enforcement of a court order providing preliminary or special injunctive relief shall be presented to the judge who issued the court order. The Second Amended Complaint seeks declaratory and injunctive relief stemming from a property boundary dispute between Plaintiffs and Defendants. PA trespassing law is complex. In two recent cases of trespass, injunctions have been the preferred remedy rather than possession. (1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties. This law is effective in all but Philadelphia and Allegheny counties.