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Home My WebLink About06-0256 Mag_ Dist No 09-3-04 ~. . ,.NOTICE OF JUDGMENTfTRANSCRIPT ~ CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BBNT CREBK LIMITED PARTNERSHIP 'I 5351 JAYCBB A~E.uz HARRISBURG. PA 17112 L ~ VS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBBRLAND ~, J5& MDJ Name Hon THOMAS A. PLACBY Add"" 104 S SPORTING HILL :an MECBANICSBURG, PA releohoc, (717} 761-8230 17050 DEFENDANT, 'sMITH, TYLBR 1055 COUNTRY CLUB :an DBA:ULTIMATB CLUB VENTURE ~P HILL, PA 17011 NAME and ADDRESS 'I BBHT CREBK LIMITED PARTNERSHIP 5351 JAYCBE A~ZBUZ HARRISBURG. PA 17112 Docket No.: CV-0000577-05 Date Filed: 10/18/05 ~ - THIS IS TO NOTIFY YbU THAT: Judgment: DEFAULT .'!'t7nmlR1l'l' PLTF [!] [!] Judgment was entered for: (Name) 'A.lIT l'!D1I!1I!R" r.TMT'I'Rn PllVIJIWRVARTP Judgment was entered against: (Name) SMTTlI, TYT.'Rll in the amount of $ 'I, "72 00 on: (Date of Judgment) 12/08/05 . . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ Amount of Judgment $ 3.470.00 Judgment Costs $ 102.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3.572.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ---.--------- Certified Judgment Total $ o Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY flAS TflE RIGflT TO APPEAL WITfllN 30 DAYS AFTER HIE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITfl THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~Date Magisterial District Judge I certify that this is a true~p~t BellY Of~ I eD~r'if ~f \b5.P oceedings containing the judgment. \ 2-\ '0 \ DS Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATB PRINTED: 12/08/05 10:06:33 AM ~' >x( . ~:r', >:, if t, i---..... ,.....' ..- . ~ ~lt r " \ )..,J -- ~ -.J \..J "'(\. l::. C:> ~. \:~ ~ \~~ . I, ~ \J ~\~ ~ ,,\~ ~~~ ...., C) g ~~; ~ {' 2: ~ ~ -I :r: -r, rl1p -n~ JJy !~ ~~ cr: 2:; ',<> ~r; - SIn 9 ~-i N 55 0' '"" . Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. ()0-0~)(o Tyler Smith DBA: Ultimate Club Venture 1055 Country Club Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LA W PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE AND NOW, comes the Plaintiff, Bent Creek Limited Partnership, and hereby petitions the Honorable Court to issue a Rule to Show Cause as to why relief in the instant Petition should not be granted upon the Defendant, Tyler Smith and the Defendant's employer, Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, P A 17011, in support thereof avers as follows: 1. This matter arises out of a dispute concerning a residential lease. 2, Judgment was entered against the Defendant by District Justice Thomas A. Placey, Magisterial District 09-3-04 on December 8, 2005 in the amount of $3,470.00, Docket Number CV-0000577-05. Post judgment costs increased this amount to $3,572.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on January 11,2006, under Docket Number 06-256 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000577-05, No response was received from defendant. 5, The Defendant is currently employed at Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, P A 170 II. 6. Pursuant to 42 Pac C.S.A. Section 8127, the Plaintiff is entitled to garnish 10% ofthe net wages per pay period of the Defendant, this judgment debtor-tenant. 7. The Plaintiff requests that this Court issue an order attaching the wages of the Defendant to satisfy the judgment, as permitted by 42 Pa, C.S.A. Section 8127. ~ 8. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 9, WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Tyler Smith and his current employer, Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, P A 17011. Respectfully Submitted: Date: :;'-B-JfX)0 ,)- ietro Leone Attorney, P A Bar #85127 5351 Jaycee Avenue Harrisburg,PA 17112 (717)657-5729 .~ COMMONWEALTH O~ PENNSYLVANIA COUNTY OF: CUMBJUU.AND a',. ;,.'5'0 dt .I~OTICE OF d~IiGc~~~T/TRANSCRIPT k{"LA!NTIFF: NAME and ADDRESS 'BENT CREEK LI1IHTED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ VS. Mag. DisC No 09-3-04 MDJ Nanle: Hon. Address THOMAS A. PLACEY 104 S SPORTING HILL MECHANICSBURG, PA RD 17050 DEFENDANT 'sMITH, TYLER 1055 COUNTRY CLUB lID DBA:ULTIMATE CLUB VENTURE ~P HILL, PA 17011 NAME anO ADDRESS T""hooo (717) 761-8230 I BENT CREEK LIJUTED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No.: CV-0000577 -05 Date Filed: 10/18/05 ~ '. '- ,-I ~'" ~p -'::1 ~_:...: "'}-2. '-;-' THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF [i] [i] Judgment was Gntered for: (Name) 'R'RlaT ("I'RllllT( T.TVTTlln 'Pa."R'rp1G"'1i12rq~TJ) ~ ~-,. -T C) -~ c-... ,"<ITl .;:';:\ >; Judgment was Gntered against: (Name) IlIl!TTH, 'I'YT,RR .<:- ?J cr. in the amount of $ "! <;72 00 on: (Date of Judgment) 12/011/00; o Defendants are jointly and severally liable. o Damages will bG assessed on: o This case dismissed without prejudice. (Date & Time) o Amount of Judgment Subject to Attachment/42 Pa.C.S.!'i 8127 $ Amount of Judgment $ 3.470.00 Judgment Costs $ 102.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3.572.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ , 0 Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RtGHTTO APPEAL WITHIN 30 DAYS AfTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUOGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE' COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACllON WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~Date Magisterial District Judge I certify that this is a true. a d corrp~t 88~, Of~ re:r1 nf the p oce e dings containing the judgment. . \ --- ""::> 12..\ '6 oS Date , Magisterial District Judge . . My commission expires first Monday of January, 2010 . SEAL AOPC 315,05 DATE PRINTED: 12/08/05 10:06:33 AM .- CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiffs Petition For A Rule To Show Cause: Why An Order Granting Wage Attachment Should Not Issue upon the person and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Tyler Smith 1055 Country Club Road Camp Hill, P A 170 II Date: :).$ -00 Submitted, Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 '" ."_\ ::"\l -'-"'\ ,"" Cj ,.'1 ~- --------- I ...... BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TYLER SMITH DBA: ULTIMATE CLUB VENTURE 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 DEFENDANT 06-256 CIVIL ORDER OF COURT AND NOW, this 17TH day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief req uested; (2) The defendant shall file an answer to the petition within twenty days of service; (3) The petition shall be decided under Pa.R.C.P. No, 206.7; (4) An eVidentiary hearing on disputed issues of material fact shall be held on the 31st day of March, 2006, at 9:00 a.m. in Courtroom No, 5 of the Cumberland County Courthouse. By the Court, ~-\w M, L. Ebert, Jr., fi ~~ -\ r t\- y\ 'P ~ v . -- 1'1 .....l ,.. o t (' (-,"'\.\ 1 ~ '~'; ,',', .... \,1 _ 1 . ('l-l :?.. >.:.<l ,. - ------ i ....... Pietro Leone, Esquire Attorney for Plaintiff Tyler Smith Defendant 1055 Country Club Road Camp Hill, PA 17011 bas t .. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-256 Tyler Smith DBA: Ultimate Club Venture 1055 Country Club Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to make Rule Absolute, and in support of same avers as follows: 1. On February 8, 2006, Plaintiff, Bent Creek Limited Partnership, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 2. On February 17,2006, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) days. 3. The Defendant has not answered the Rule. 4. Pursuant to Pa. R.C.P. 206.7, when a Rule is not answered, the averments of fact may be deemed admitted and the court shall enter an appropriate order. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Petition For a Rule to Show Cause Why An Order Granting Wage Attachment Should Not Issue and GRANT a wage attachment against the Defendant's current employer, Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, P A 17011, as well as all current or subsequent employers. . Date: 3-;)'1-()~ Respectfully Submitted: ;2j do J Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, P A 17112 (717) 657-5729 ---........ I . CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff's Motion to Make Rule Absolute upon the person and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Tyler Smith 1055 Country Club Road Camp Hill, P A 17011 Silent Witness Security, LLC 1055 Country Club Road Camp Hill, PA 17011 Date: 3 :21- 00 Respectfully Submitted, 0d~ h~ Leone, Attorney, PA Barl18n27 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 n c.: '::-;'0' \.i:.J :--",) \' ~, ,:;::; f...",< r.') -'f] ::r: :~~,," :"u 0,) N ...-'" \; ...-.. Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, P A 17 I 12 Plaintiff MAR 2 S 2006 IN THE COURT OF COMMdli)'I F.A" fl. CUMBERLAND, COUNTY, 5 I V' " Vs NO, 06-256 Tyler Smith DBA: Ultimate Club Venture 1055 Country Club Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LA W AND NOW, this ATTACHMENT ORDER S"( \ ~ \ day of M. \\of v.... , 2006, upon consideration of the foregoing Petition for A Rule to Show Why An Order Granting Wage Attachment Should Not Issue, no response being filed by the Defendant, Tyler Smith, and the Defendant's employer, Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, PA 17011, it is hereby ORDERED AND DECREED as follows: I, The Defendant's current employer, Silent Witness Security, LLC, and all subsequent employers of the Defendant are hereby ORDERED to garnish the wages ofthe Defendant in the amount of 10% of his net wages per pay period until the judgment in this matter is marked satisfied. 2. The amount of the judgment is $3,572,00. 3. The Defendant's current employer, Silent Witness Security, LLC, and all subsequent employers of the Defendant are hereby ORDERED to send checks, for each pay period of the Defendant, in the amount specified in paragraph 1 above, and made payable to Triple Crown Corporation agent for Bent Creek Limited Partnership to the Office of the Prothonotary at One Courthouse Square, Carlisle, P A 17013, who will then record the amount paid in the docket of this matter and then forward the checks to Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112. So Ordered, By the Court ~) .' D~ //\'~ b)J ,~~~ 5i1 :11 !-.,;)'\1 1(' ":-l') ,v C",.: ,t.., :J\.i Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-256 Tyler Smith 1055 Country Club Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION FOR CONTEMPT OF COURT 1. On March 21, 2006, Plaintiff, Bent Creek Limited Partnership, filed for an Attachment Order. 2. On March 31, 2006, this Honorable Court issued an Attachment Order. (Exhibit A) 3. On March 31, 2006, this Honorable Court sent the Attachment Order to the Defendant and the Defendant's employer. 4. On May 23,2006 a letter was sent to the Defendant's employer stating that a Motion for Contempt of Court will be filed for non-compliance. 5. As of the date of this motion the Defendant has not complied. 6. The Plaintiff is respectfully requesting a hearing be scheduled for resolution of this matter. Respectfully Submitted: ffion~tto~~ 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Date: B, (7 -- () ~ Pietro Leone, Attorney Triple Crown Corporation, Inc. Page 1 ofl Motionfor Contempt of Court . . Exhibit A . . .. MAR 2 3 2006 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff IN THE COURT OF COM CUMBERLAND, COUNTY, Vs NO. 06-256 Tyler Smith DBA: Ultimate Club Venture 1055 Country Club Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW AND NOW, this 2006, upon consideration of the foregoing Petition for A Rule to Show Why An rder Granting Wage Attachment Should Not Issue, no response being filed by the Defendant, Tyler Smith, and the Defendant's employer, Silent Witness Security, LLC, 1055 Country Club Road, Camp Hill, P A 17011, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Silent Witness Security, LLC, and all subsequent employers of the Defendant are hereby ORDERED to garnish the wages of the Defendant in the amount of 10% of his net wages per pay period until the judgment in this matter is marked satisfied. 2. The amount of the judgment is $3,572.00. 3. The Defendant's current employer, Silent Witness Security, LLC, and all subsequent employers of the Defendant are hereby ORDERED to send checks, for each pay period of the Defendant, in the amount specified in paragraph 1 above, and made payable to Triple Crown Corporation agent for Bent Creek Limited Partnership to the Office of the Prothonotary at One Courthouse Square, Carlisle, P A 17013, who will then record the amount paid in the docket of this matter and then forward the checks to Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112. , . . ""eRD -":rv hand , So Ordered, By the Court /?/-If) -no rtJ. I J L (') c ::c.:: -Ul~' nlr~ ~:~; r::: ..... ):;:, Z\.. -{ } )> (~C. Z ~ , . ,....;) = = <:::t' ):loo. c: G") N W -0 :x N .. W N a "T1 ~:n m.. -orn i3? ~--! c,) --.' -1' f5:d _"r(l (:sm -1 ~ .< '. . ,. , BENT CREEK LIMITED PARTNERSHIP : IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE : CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V. TYLER SMITH DBA: ULTIMATE CLUB VENTURE 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 DEFENDANT : 06-256 CIVIL ORDER OF COURT AND NOW, this 29th day of August, 2006, upon consideration of the Plaintiff's Motion for Contempt of Court, IT IS HEREBY ORDERED that: (1) A rule is issued upon the Defendant and Defendant's employer, Silent Witness Security, LLC, to show cause why they should not be held in Contempt; (2) The Defendant and Defendant's Employer, Silent Witness Security, LLC, shall file an answer to the Motion by September 20, 2006; (3) An evidentiary hearing shall be held on the 4th day of October, 2006, at 2:30 p.m. in Courtroom No.5 of the Cumberland County Courthouse. By the Court, J \ ~ ,/~ Pietro Leone, Esquire Attorney for Plaintiff Tyler Smith Defendant 1055 Country Club Road Camp Hill, PA 17011 Silent Witness Security, LLC 1055 Country Club Road Camp Hill, PA 17011 bas r', , .. ViNV/\!,\Si\lr ~3d ll'lr'~'.". -'. '~'.'"W~" "_ I\' II;, I I .'-""'h~llv 0'1 :8 ~Id 08 snv 900l Ai:lVl0i<GHLO::icJ 3Hl ;;0 30i.:J:!CdJ311:J BENT CREEK LIMITED PARTNERSHIP: IN THE COURT OF COMMON PLEAS OF 535 1 JAYCEE AVENUE CUMBERLAND COUNTY, PENNSYL VANIA HARRISBURG, PA 17112 PLAINTIFF V. TYLER SMITH DBA: ULTIMATE CLUB VENTURE 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 DEFENDANT 06-256 CIVIL DEFENDANTS ANSWER TO PLANTIFF'S MOTION FOR CONTEMPT OF COURT 1. DEFENDANT RECEIVED NO NOTICE OF TIllS ORDER. 2. DEFENDANT AGAIN RECEIVED NO NOTICE OF TillS ORDER 3. DEFENDANT NEVER RECEIVED TIllS ORDER NOR DOES THE DEFENDANT LIVE AT THE ABOVE ADDRESS. THE DEFENDANT ALSO DOES NOT WORK FOR SAID COMPANY AS THE SAID COMPANY IS NO LONGER IN EXISTANCE. 4. LETTER WAS NEVER RECEIVED. THE DEFENDENTS EMPLOYER IS NO LONGER IN BUSINESS. 5. DEFENDANT WAS UNAWARE OF ANY LEGAL ACTION BEING TAKEN 6. NEEDS NO RESPONSE, Respectfully Submitted: Date:~ -- ~O - ;)oaCo .r Tyler " h 549 B "lJge Street, Apt. 2 New Cumberland, P A 17070 717-623-3387 2- ~~.. (.~.'.~. -' c ...... ~~) J:?::O ~o ~~ ~ ~ ~ ""'0 '" o ~ ~~ -orn :oQ qb .~...., T..-n ::: ~o ... ......- rn sa 'P- :J:1:. - ~ ~ I " BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 PLAINTIFF V. TYLER SMITH DBA: ULTIMATE CLUB VENTURE 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-0256 CIVIL IN RE: PLAINTIFF'S MOTION FOR CONTEMPT ORDER OF COURT AND NOW, this 4th day of October, 2006, this being the time and place for a hearing on the Plaintiff's Motion for Contempt, the Court notes for the record that the Plaintiff has appeared and is ready to proceed and the Defendant has failed to appear. The Court further notes that the Defendant did file an Answer to the Plaintiff's Petition and therefore the Court concludes that Defendant did receive notice of the time and place set for this hearing, accordingly; IT IS HEREBY ORDERED AND DIRECTED that the Rule is made Absolute. IT IS FURTHER ORDERED AND DIRECTED that a Bench Warrant shall issue for the Arrest of the Defendant Tyler Smith. It is specifically ordered that the Sheriff of Cumberland County shall only serve this warrant on a weekday between the hours of 8:30 a.m. and 3:00 p.m. and to bring the Defendant immediately before the Court for the purposes of posting security and setting a final hearing on the issue of Contempt. By the Court, ~'\~ . \ M. L. Ebert, Jr., J. 10 :11 1dd S- 1:309002 Al:filCX:U:li.C,'::d 3Hl :iO -{Eill:! . ~tro Leone, Esquire Attorney for Plaintiff ~Ier Smith Defendant 1055 Country Club Road Camp Hill, PA 17011 v549 Bridge Street Apartment 2 New Cumberland, PA 17070 Cumberland County Sheriff bas # Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-256 Tyler Smith DBA: Ultimate Club Venture 549 Bridge Street New Cumberland, P A 17070 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO WITHDRAW CONTEMPT OF COURT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Withdraw Contempt of Court, against the Defendant's current employer, Silent Witness Security, LLC, pending outcome of negotiation of payoff. Respectfully Submitted: Date: If) "IB - ok' (;{ d~ Pietro Leone, ~ omey PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 g ;:: EH.re .r~ :C' Z(~: ~.'. r: '"':.~ :.:2.C J:'" ~' ~~ ~ ~ ~ g -4 ~ i! '~~-r, ~ 9' ~ \.D -0 :x:: rs; o N BENT CREEK LIMITED PARTNERSHIP : IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE : CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V. TYLER SMITH DBA: ULTIMATE CLUB VENTURE 1055 COUNTRY CLUB ROAD CAMP HILL, PA 17011 DEFENDANT : 06-256 CIVIL ORDER OF COURT AND NOW, this 30th day of October, 2006, upon consideration of the Plaintiff's Motion to Withdraw Contempt of Court, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Contempt of Court is hereby deemed WITHDRAWN. By the Court, Pietro Leone, Esquire Attorney for Plaintiff vA'yler Smith, Defendant J. bas /fr\ ple c.rOlA)~ CORp- \l11\!V/\-I,\S[\Jt):3d i .. '" ~.... ," --" ..-, '-'. '-'fIn"'. I\..U\'i ~1 .r' \ !'j ">:' :>~ff\ 'v S S :G h\\1 OS 1.:]0 900l