HomeMy WebLinkAbout08-25-05
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO~'-Ot)-030
ESTATE OF DENNIS J. RUBINO, DECEASED
PETITION FOR CITATION
Petition for Equitable Relief
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TO THE HONORABLE, THE JUDGES OF THE ORPHANS' COURT,
CUMBERLAND COUNTY:
The Petition of the Administratrix, Patricia A. Rubino, on behalf
of the Estate of Dennis J. Rubino respectfully represents that:
1. Dennis J. Rubino died on December 25, 2004, intestate, and a
resident of Cumberland County, Pennsylvania. Letters of
Administration were granted on April 4, 2005, to Patricia A.
Rubino by the Register of Wills of Cumberland County,
Pennsylvania.
2. Petitioner is a party in interest in the estate, being the mother of
the children of the decedent
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3. At the time of decedent's death on December 25, 2004,
Decedent was residing at the premises located at 371 York
Road, Carlisle, Pennsylvania.
4. The premises are owned by William Kennedy, Jr., and Denise
Thomas Kennedy of Carlisle, Pennsylvania.
5. At the time of Decedent's death Respondent Linda Ondercin
was residing with Decedent at the premises aforementioned.
6. The lease is in the names of Dennis Rubino and Linda Rubino.
See Appendix A.
7. Respondent Linda Ondercin, a.k.a. Linda Rubino for purposes
of the lease only, was Decedent's girlfriend.
8. Respondent Linda Ondercin has made no claim in regard to
being married to Decedent, or as a common law spouse.
9. On or about April 4, 2005 or thereafter, Respondent Linda
Ondercin refused to permit the Administratrix, Patricia A.
Rubino, entry into the leased premises at 3 71 York Road I
Carlisle, Pennsylvania, to do an inventory of Decedent's
personal property.
10. On or about April 4, 2005, Respondent Linda Ondercin refused
to permit the Administratrix, Patricia A. Rubino, or counsel for
2
the Estate, Lisa Jo Fanelli-Greer, Esquire, access to
Decedent's bank accounts books, records, etc.
11. When asked why, Respondent Ondercin's answer was, "Dennis
didn't own anything."
12. Below is a partial list of property known to be owned by
Decedent at the time of his death, and which was last seen at
the premises of 371 York Road, Carlisle, Pennsylvania:
a) 1 306 Remington Pump Model 762
b) 1 270 Remington Semiautomatic wi scope and sling
c) 1 Ithika Pump gum 12 Guage
d) 1 35 Marlin Lever Action
e) 1 17 Caliber Rifle - Bolt Action
f) 1 12 Guage Rifle with Barrel Remington wi scope and
sling
g) White wicker furniture set
h) Bird owned by Decedent
i) Lamp
j) 5 or 6 Steins
k) Decedent's Clothes and Shoes
I) Slushy Maker
3
m) Glass Thermos
n) Heineken Novelty
0) wallet
p) 1 coffee table
q) 2 end tables, stone and glass
r) Big Screen Television
s) Purifier Fan
t) Tan Wicker Set
u) Deer Head
v) Fish
w) Gun Cabinet
x) Fishing Poles behind Gun Cabinet
y) Surround Sound Stereo
z) Bedroom accessories
aa) Bed
bb) Safe
cc) Pictures
dd) Decedent's mother's personal things
ee) 4 necklaces - 2 gold, 2 silver
ff) 1 cigarette lighter
4
gg) Antique Dresser
hh) Brush
i i) Cologne
jj) Television
kk) Hunting pants and accessories
II) Bow and arrows
mm) Fishing rods
nn) 3 DVD players
00) Clothes tub
pp) Computer
qq) Drum set
rr) 2 lawn riding mowers
ss) 2 radios
tt) freezer
uu) Decedent's daughters' clothes and miscellaneous items
vv) Van
ww) Boat wi trailer
xx) Bicyles
yy) Hot Tub
5
zz) Approximately $900.00 to $1100.00 on Decedent in cash
at time of his death
13. Landlords Bill Kennedy, Jr., and Denise Kennedy also refuse to
permit the Administratrix, Patricia A. Rubill0, entry into the
premises of 371 York Road, Carlisle, Pennsylvania without a
Court Order. See Appendix B.
14. Advertising for the Estate of Dennis J. Rubino was done on
May 6, 13, and 20, 2005, in the Cumberland Law Journal.
15. Advertising for the Estate of Dennis J. Rubino was done on
June 27, July 4, and July 11, 2005, in The Sentinel.
16. No claims were made by any person against the Estate in
regard to either of the aforementioned advertisements.
17. Notices of Estate Adminstration were mailed to all of the
intestate heirs on June 27, 2005, in accordance with Rule 5.6
(a) of the Orphans' Court Rules.
18. Said Certification of Notice Under Rule 5.6 (a) was filed with the
Clerk of the Orphans' Court, Cumberland County, on June 29,
2005, by Counsel, Lisa Jo Fanelli-Greer.
6
19. Administratrix Patricia A. Rubino needs access to the premises
at 371 York Road, Carlisle, Pennsylvania, in order to do an
inventory.
20. Administratrix Patricia A. Rubino also needs access to any
bank records of Decedent's, including but 110t limited to
checking accounts, savings accounts, credit cards, credit
accounts, safe deposit box keys, etc.
21. Respondent Linda Ondercin's continuing conduct of refusing
entry into the premises at 371 York Road, Carlisle,
Pennsylvania, causes the Estate of Dennis J. Rubino to suffer
irreparable injury and harm, as well as potential by Respondent
Linda Ondercin to misappropriate personal property of the
Decedent that does not belong to her.
22. By reason of the foregoing, Petitioner, on behalf of the Estate,
as well as the Estate beneficiaries, will suffer irreparable injury
and harm if Respondent Ondercin's actions are permitted to
continue; Petitioner is likely to succeed on the merits in a full
hearing for relief; and in balancing the inconveniences and
possible injuries to the parties if the reque~ted relief is granted,
the equities weigh in favor of Petitioner.
7
WHEREFORE, Petitioner requests:
(a) that this Honorable Court order Respondent Linda
Ondercin to permit Administratrix, P3tricia A. Rubino, and
her counsel, Lisa Jo Fanelli-Greer, Esquire, entry into the
premises located at 371 York Road, Carlisle,
Pennsylvania, for the purposes of doing an inventory for
the Estate of Dennis J. Rubino;
(b) that this Honorable Court order Respondent Linda
Ondercin to turn over any bank account records, cash,
checking accounts, safe deposit box keys, etc., of
Decedent to Administratrix Patricia A. Rubino;
(c) that this Honorable Court order that the known personal
property of Decedent be sequestered and removed from
371 York Road, Carlisle, Pennsylvania to a location under
the Administratrix's trust;
(d) that this Honorable Court grant such other relief as may
be proper.
8
WHEREFORE, Petitioner requests that the Court award a
citation directed to Respondent Linda Ondercin to show cause why
the above Order granting equitable relief to Petitioner should not be
granted.
Respectfully submitted,
B
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LIS SO 1'~NELLI-GRELR, ESQ.
Attorney J.D. No. 56704
Law Office of Lisa So Fanelli-Greer
P.O. Box C 2806 Sunset Court
Grantham, PA 17027
(717) 790-0744 (tele)
(717) 802-0922 (tele)
(717) 790-0233 (L1X)
---<--
Counsel for Petitioner
Patricia A. Rubino, Administratrix
9
VERIFICA TION
I, Patricia Rubino, Administratrix, verify that the facts set forth in the
foregoing document are true and correct to the best of my knowledge,
information, and belief. To the extent that the foregoing document and/or its
language is that of counsel, I have relied upon counsel in making this
Verification.
I understand that any false statements made herein are subject to the
penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to
authorities.
c~~q~
Patricia Rubino
Date: rjc:flS /I~"'--
From: I RW I H L,D,~ OFF] CE
717 243 ~J2CCI
04'06/200~) 14: :,1 #1::02 F' .I)J;, 1)11
LF310PA.04
Pennsylvania
RESIDENTIAL LEASE
Apartment - Condominium - House
BY THIS AGREEMENT made and enl~re~ intO on ~ I) .20 C 3 ,
betwe~ W~~ a..~ ~ ~~ ~rem referred [0 as Lessor,
and ~ ~ ciI'~ ~~ herein referred to a_ Lessee
Lessor leases to j..c:sse:e t.,he prr:mis~ situated at .3 7 I rt.. n.k- '1'(p-o.-~ ,
in the City of ~~ ~o- t-,o i '3 ,County of CJ...(...-'h"\).J'~~
Stat: of Pennsylvania, Wld more particularly described as follows:
.1 {s..+
tOl;eth;r with ell arpun~nances. for lI. term of okJe years. to COmmence on C" u.ne..
20 63. and to end on 'rno..~ .a l ~ ,20 "'1 ' at t 2. N c:Jc> N o'clock p. m
1. Rent. Lessee agrees to pay. :"Iithout del:J8.nd, to Lessor 8" rent for the <Ierr-ised premises the sum of
&:1.9 kr I+\..lM'.e~ Dollars ($ S60 I DC> per
month in aOvance on the I 6t' day of each calenoar month beginning .:::J\..lVl.e... 1:4i.J
20~3 at 351 ~rll.. 'ifeJaa ,City of GD-l-L(s,k I P"" I'DI"3
State of k;111"1G.i1/V(l..I1.lP-- . or at sl.lch other place as Lessor tUll)' designate.
2. Securit). Deposit. On execution of this lease. Lessee de?o~jtS ',l,ith Lessol' C; ~ h T H-(,..( f't,a ~c: d
Dollars (.$ Bce, CD ), receipt of which is acknowledged by lessor. <is securit;r for th~ faithful
p~rfcrmance bi' Lessee of \l',c tcnn~ hereof, to be ,etllfned to Lesste. without Interest, on :he full 2nd filJth:ul
perfonnanc<: by him of ilie provi~:orlS hereof.
3. Quiet Enjoymtml Lessor COvenllnts that on paying tbe Tent and performing the covenants herdn contalOed, Lessee
shal! pe~efulJy and quietly have. hold, an,i enjo)' L'Je demised premtses fOr the llgreed term,
4. Ule orPremlstS. The demised prer.nise-s shall be used and occupied by Lessee ex.c1usively liS a private single fllmily
residence, and neither the premises nol' BIll' par: thereof shall be used at any time during dle term of this le3se by Lessee
tOr the purpose of carrying on any business, profhsiOl1, or trade of any kind, or for any purpose oth~r than as a ptWilte
siogle tamHy residence. Lessee sbll.ll comply with iLl tbe ,.anilary lows, ordinances, rules, and orUen of apprc;xiale
governmental alHhorities flt'fecting the cleanliness, occupancy, and preservation cf the demised premIses, and the
sidewalb connected thereto, during the tem1 of tll;. :ease.
S, Nwnber of Occupants. Lessee agrees thllt the demised premises shatl be occupied by no more than All,). ;~( Lf)
persons, consisting of .;l" adUlts llnd';;<" children under the age of years. withOut the written
conSent of ~ssor.
6. Condition of Premises, Lessee stipulates that he has e~amined the demis.ed prmuses, includmi th; ~rowlds and ell
bUildingi MO improvements, and that they are, at the time of this lease, in good order, repalr, ><nOli. safe, clean, and
leascable condition.
7. Auiinment and Subletting. Without the pn,)!' wrilten consem of L.~sjJr, LessC'e shall no; ~SSJ~[] ~his Jea'ie, Cir \!.Jblc:t
Or grant lUly concession or license to use ch; premises cr any par: [her~of. A. con.em by USS,)[ to cr.e a.s.lgnment,
3ubJettin~. concession, or license ~hall not be. je"m~d to be a consent to any 5ubse<:j\.:ellt assi~runent, subletcing,
concession. Dr license, An assignment, subletting. concession, or license \\,jtho~t the prior written w;u;mt of Lessor, or
an assi~ment or subletting by Op~Tl!tjon or law, &hat be- void and shall. a: Lessor's option. [ermmat~ chis lease.
NOTICE: Cont~ct your local counry real est~t~ board for additional forms that Tnzy be ~:]uired to meet your speCific; needs.
C 1992.X.lI)J Made.f.t proaucli, Inc. ?'!F I R;..IC',D2
This prodU('[ d~ nol con.lH,hu~= t{;;- rcndtrlng of leiIJ1 fld"d.:~ ~)r .~=-T:oe~, Tn;, product lS jn;er:~c (Or ~fiforrmni,)nu l.:se c..nly at'I.:1 j, nOt" tlJb~ti~iJtc {or :e~41
Advict,. SIA~ 1111/5 vuy. so consult u.n att'<)rn.;.;r Qf\ alllt~Dl mP.\\~!'i. n.::s. pIJQ\1.;t ws..s M: ncct:u~l!y prepiift.C by ! ~':-1."r. liU!.'ls.ed tv prliiCtice 1~\IJ ir. >'our stolU.
AKAK - RISO
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From: IRW[N L~,~ OFFiCE
717 243 ~j200
04/0fi,/2005 14 :~,8 /:072 F' .004/007
8. .~llerQtlons and lmpro\'ements. Lessee shall make no altera!ions to the bUildings on me demised premi,es or
construct ilny building Or make other improv::ments on the demised premises without the prior written COnSent of Lessor.
All alterations, changes, and improvemi!nts built, constructed, Dr placed on the demised premi.es by Lessee, with the
exception of fixtures removable without dama~e to the premises and movable personal prupetty, shall, unless otherwise
provided by wlitten :!gl'eement between Le.sor llnd Les;ee. be the property of Lessor and remain on t"le: demised
premises at the, expiration or sooner termination (of this ka_c.
9. Dama~e to Plemises. If the dem:sec pre:niscs, or any pa!1 thereof, shall be p.n:al;y :Jam aged by Ore lOr uther
cllsualty r.ot due to Les.ee's negligence or willful ~C\ or ti')at of 11\; eP."\?lo)'ee, family, agen~, or visitor, Ll,o" pren-.I,c, shall
be promptly repaird by Lessor and there shall be an abatement ~f rent corresponding wlch the time during which, and
the exte.nt to which, the leased premises m~y h..ve been unteMlnrabb; but, if t:"e leased premiseS should be damaged
other than by Lessee's negligence or willful a~t or that of rus t:mp]oy~c, family, o€cm, or visitor ro the extent that L~ssor
shall decide not to rebuild or r<:pair, the term of chis lease shall end and the re,nt shall be prorated '-'p to the lime of the
damaie.
10. Dangerous Mnt.erlals. Lessee shall [lOt keep or have on the leased premi,~s any arti::k cr thinl' of B dtmge.rous,
inflammable, or explosive character that might '.mn;as.::>t11\bly incrcltS= the danger of f ,: on 1J~ kased prcml~s or :he~
mig~t be considered hazardo\l, Or extra hazardDus by any responsible :nst;ra!1c~ comp:'.Q),',
11. Utllltles. Lessee snail be responsible for :;n'angirlg fo~ and payi!lB for an utility service. reguiri!G on the premises.
except that shall be provided by Le~~or,
12. Rieht of Inspection. Lessor f1n~ his li~ents ~hllll hay~ th~ ri:thl at all rr;as()nabj~ ti:n~s during th~ tenn of this lease
and any renewal thereof to enter tile demise<:) pr~mis~s for th~ p\Jrros~ of inspo:cting th~ premises >\no ~U bl,liidit1& and
improvements thereon.
13. Mnintenance .and RepaIr. Lcss~c will, at his sc1e e.~r~ns~, hep end ffil\:ntain the kascd premises a,\o
appunenances in good 0..>1,1 $~rtilarl <;O:1dition ~nd repair durir.g t~e term of thiS lei'"', < and ~ny rencw;d th~r.;oL In
plHtic.ular, Lessee 5h~1l keep the fix.:ures ir. the h(lllS~ or ur. or Ilbo~t th; leased pr,Tl.;,CS ;n ..'(Joe c;:-d~: "no rcpa::-: }:~cp
!he furnace clean; keep the electric bells in orcer; keep \.he "'~lk.s free from dirt ana oebn,; Bno., a: hi~ sole expen~, ,:-Jail
make Ill! r<<Juire:d repair~ to the plumbing, range, h~",ini, apparatus, lltlO electric anO 8/lS fixwres whene\'er d3mage
there-to shall have resulted from Lessee's misuse, waste, or neglect or tr.at of hj~ eI11p1o)'ee, famil)', agent, or viiitor.
Major maintenMce and repair of the leased pre,mise~, nOt due to L~,ssee's mhuse, waste, or neglect or that of his
employee, familY, agent. Or visitor, .hall be the responsibility of Lessor or hi. aisigo.. Lessee llgrees that no .[gns shall
be plac,ed or painting done on or about the 1eased premises by Lesu.e or at hIs direc:ion without ',ne prior written conient
of Lessor.
14. AnIIl1IlIs. Lessee sl1fi11 }:e.ep no domestic Dr other animals on or a:.out the lellSed preniscs withOllt the wri:1f-n
consent of Lessor.
15. Display of Signs. DUring th~ lMt days of this Ieas~, Lessor or his agent shall have th~ privilege of displaying
rr.e usual "Por Sale," or "fOr Rent." or "Vacancy" sign.; Dn the demised premises and of showmg the pwpeny tel
prospecti ve purchasers or lessees,
16. Sub()rdlnatlol1 ofLellse. This lease and Lessee's leas~hoJc inrere~t henunder !lre !mc shail b~ sllbject. subordinate,
and [nredor to any liens or encumbrances n:::>w or herecd'ter placed on the do"nr.i,ed prer.1tSes by Lessor, all advance,; made
under any such ljens or encumbrances, the lnt~est payable en ~'1>' sucn liens or c[lcurr:br~nces, and eny and all renewois
or extensions of suci"l Hem or encumbrances,
17. Holdover bj' Lessee. Should Le.see remain in possession of thi! der:-Jsed ?l'cmise.s with :h~ coment of ~SlOr Sifter
the natural expiration of this lease, a new montl'l-lQ-momh [en"nc)' shall be created b~lween Lessor ood L:s~ee which
shall be subject to all the tenn~ and conditions hereo[ t:Ut shRll be te:min.teo on -30 cays' written nodce se:-ved by
either u;ssor or Lessee or. the other party,
18. Surrender of Premises. At the. e.'pi~atiDn af [h~ l~ase term, Lessee shall quit ar.d s'.1ITcndcr t::e pr~mises hereby
demiseo in as good sta:~ \l.:1d condition ~s '.hey were ot :he COnltneocemi!nt oi this lease" re:non~b:: us: and "'e~, :h;,recf
and damae~s by the elements excepted,
Fler l
From: IRW[i'-J UW OFFiCE
717 24:3 (:1200
l} /(1)6/2U05 1/1: 5<:1
~.
19. Default. Jf ;Lny def2\Jlt is made in the plAYr.lent of rent, or any part thereof, at the times hereir.bdore specified, or
if any default i~ made. in the perforrna[JC:~ of or compliance with any other term or condirjon hereof. the lease. at the
opticl: of Lebsor. sh~ll \erminme Hnd be forfeited. and Lessor may re-enter the i;c'<:m~se~ llnd remove all r>er:,Qn~
therefrom. Lessee sl1!<lI ix: \:iycn written notice of any default or brea~h, and terminnllon and forfeiture of the lease S'13jJ
not result it, within T~ C/O) days of receipt of such nOlke, LeSsee has corneted the defeuJt or breach r;r ha<; taken
action reasonably likely 10 effect such correction within a reasonable time.
20. Abandonment. If III any rime durin. the term of this l~ase Lessee abandons the demised premises or any part
thel""'..of, Lessor may, at his option, enter the demised premises by any means witho\.lt oeir\g Haole for ~ny prosecutlOfl
therefor, and witholll becoming Ji<::ble to Lessee for damages or for any payment of any KJl1d wh~[<:ver. and may. at his
discretion, as agent for LeS.lee, relet the demised pren:is es. OJ any par: thereof, for the "..hole or any part of lh. then
unexpired term. and may receive and cokcr all rem payable by v~rtUe 01' ;uch rele'~jng, and. at Lessor'. op,io:J. heed
Lessee liable for any difference bel ween t!1t' run that would heve be~n paY4ble unu,; (bs lctl.se durhg the balance cf
the tlnC9ired term, if this leas.; had continued io force. and ,he net rer,t tor su~h period reali~cd by U350I by mea.ns cf
such reletting. If Le.sor's right of re-cntl)' is I:xerci sed follOWing $bandonment of the ?remISes by Lessee. then Le~ sor
may comider any personal property belonging to Le&see and left on the premises to aho have been abandoned, in \'vhi:::!1
c~se Lessor may dispose of Ql1 sllch personal property in allY maoner Lessor sh~ll de~m proper and is hereby relieved
of all liability for doing so.
21. Binding Rtfl!ct, The covenant.; and conditions herein Contained shall apply 10 and bind the hem. legal
r:=presentatives, g!'lC assign, of the partie> here:o, and all C(J-Ic;nitnts ~re to be construed a~ conditions o( this lease.
22. Radon Gas Dlscloslll"e, As regu:red by iaw, (LeSsor) (Selle.r) makes the follo-Ning di-5clo~\Ire: "RaclO:1 Gas" is f\
namrall)' occurring radioactive gas thm, w~jen It hil.> accLL."1lulsted io a buLding in ,ufficiel~t qual~ti(ie" In;:)' presen: ~je.lth.
risks to por&ons who are e>:p\.)sed to it over time. Levels ot radon that exceed federal ~l1d state guidelines hav~ been round III
buiJdinr;s in Pennsylvania. Additional lnformadon regarding radon llnd radon testin$ may be: obtainad from your county
public health unit.
23. Lead Paint Dlscl(\ljuTe. "Evtr)' purch3.Ser or lessee of any interest in r~5idential real property 0:1 which a residential
c1wellin: was built prior to 1978 is nmitied L'1at such prope~ f!1.2Y present expoSure to lead from leac.based paint mar
n1:1.Y plll.ce young children at risk of de.v~loping lead ?oisoning. Lead poisoning in young children may p,vdllce
pe~mar:ent neurological damage. inclucing lear-ning jis3bllhes. redllced intelligenv 'iLJoticnl. bchaviora: proble_:ns 3.0d
impaireo m:mory. Lead poi.O:1iog 11.]80 pOses i\ particular ri,k to pregnant women Th~ selle: or les,or of any iOl(rc~: in
residenti<l] reEll estate i~ r~quired to provide th<:: b.ly<::r or lessee '..,ith any infOlTrlation on leaj-baseo psint hn~rj~ fr('m
risk asse$,;ments or inspection in the seller or lessor's f'ossc;ssion and notify the buyer or lessee of any k.'lOWn leaj-b,,'cd
paint hllZards. A risk llS$eSSttl~nt or inspection for pOSSible lead-be sed paint hazards 15 rec.omraended prlor to p\lrcba~e."
24. Other TemlS: _
~S ee: Po.r+ T w' 6; - Sfe.L. \<A ( C I CtuSe5
REOF the .:anies naVe' . -.W~,.~iS l~ase tn. .Ie dA~. ~ I year fiT;,1. abQvr; wW /?to ....
c . -\ . .~~~fdS;,-l':t:#L/4
/~~~_L\:/ (~,:.~ / ;j/ ~~~~___.__~
t I ssee~.
-~
Lessor
Lessor
NOTICE: State lAW est~blishes right~ and Qbligr.tions for parties to rental agnemems. This agreement is required cc
comply with the Truth in Rwting Act cr the appiicable Lessor/Lessee Stamte or code of your state. r~ you have a
que~tfon about the in!erpret~tion or le.gal'ty of a provision of this <lgreemen:. YOll may wam to seek assistance from a
lawyer or other qualified per~oll.
Pi~ 3
From: I RW I [.J L,~I/i OFF; CE
7 r7 243 ~l'200
04/0(3......'10(1:, l~J:OCi #072 F' JliX,/007
Part Two of a Two Part Agreement
Additional Lease T arms and Conditions
25. The provisions of these attached Special Clauses are in addition to the terms end
condition$ of the lease but supercede anything directly to th,_ contrary in the attached
lease.
26. All notices from Letosor to the Lessoe may be sent regular mail. Notices from the
Lessee to Le$Sor shall be sent by certified mall. return receipt requested and such
receipt shall be thQ iole evidence permitted to be introduced in eny Court hearin~ as
evidence of notice. The regiat~red office of Lessor Is William and Denise Kennedy. 351
York Road. Carlisle, Pa. 17013.
27. In the event that the tenant vacates before the end of the lease term Lessee .....ill be
reeponslble for legal fees, which are for attorney's fees and collection COits.
28. In the event any payment shell become overdue, the Le!see agrees to pay s lata
charge of $10.00 per day starting from the date rent waB due, for the purpose of
defraying expenses incident to the handling of the d~lnquent payment.
29. If for any reason the Lessee changes locks, tt's mand13Lry that the Lessee furnish
the Lessors with a duplicate eet of keys for use in case of emergency. Failure to do so
relieves the Lessor from respOf'lsibility in entering the premises durin~ any ~rg~ncy.
This also applies to the Installation of additional locks. Any expense incurred by lessor
to gain access; to pr&ml~ is the responsibility of the Lessee.
30. It is und9fStood and egreed that $200.00 will be charged as a cleanup fee if house
equipment is not properly cleaned up when vac.ating p~misas.
31. Lessee agrees to pay first 550.00 ,of any agreed repair. Lessee agrees to pay total
cost of any repaira necessary, caused by their negligence or mis8wuse.
32. lessee agrees to change filtel'$ on air conditioner at least once yearly. In the event
Lessee fails to change filters as agreed, any damage to the air conditioning systems and
the expenses incurred there in, induding servies! call charges are the sole responsibility
of the Lessee.
33. It is Mreby understood and agreed that the Lessete is responsible for all personal
property brought on the premiSes of 371 York Road. Lessee is responsible for obtaining
contents insunmce for hIs own personal belongings. Lessee further agrees to hold
Lessor harmless from any lisbillty or responsibility for damages to the Lessee's personal
property. Tenant shall purchase Renter's lnsural"lee from a reputabla insurance
company. The tenant shall provide Lessor with a copy of the policy as evidence that this
insurance is in force.
34. If for any reason whstE.oever any checks are returned by Lessee's b<:lnk to this
office, there will be a Chat~e of $35.00 for each occurrence plus late fees.
From: I F:W I N L,~Vl OFF 1 CE
717 24:3 ~J2iJO
l}t..'Ol:l/200:, 1:,:(1(1 ~1J7,= F' ,007
35. Lessor will be responsible for the snow removal of the main parking and drive.
Lessee will be responsible far the snow removal from the main sidewalk and steps to the
front door of the house.
36. Lessee is responSible for maintenance of following appliances on premises:
Refrigera1or, microwave, dishwasher, stove/oven, wMher and dryer
37, Lessee shall provide Lessor 01' hiS agent with current residential and business
phone number, or Lessee shall be considered in default of lease.
38. NO PETS PERMITTED. Except for one (1) cat. If any damage to premises by cat.
the Lessee will bare all costs of repsirs.
39. No waterbe<:ls permitted.
40. Builder's, contractora, mortgage appraisers, owner and owner's agent have the right
to jn.spect the property and to make n&eesssry repairs by prior appointment arranged
with Lessee. If the Lessee is not home II key will be used to gain entrance.
41. It is understood that the refrigerator, microwave, dishwasher, stove/oven, washer
4md dryer ara the property of the Leesor.
42. No supplementallilpace heaters of any type are permitted at any time.
43. NO SMOKING INSIDE THE PREMISE OF 371 YORK ROAD. Any smoking inside
the premises is considered a breach of agreement and ground$ for termination of lease.
44. It will be the responsibility of the Lessee for payment of all utilities:
Electricity, heating, trash seNice, water and sewer. The wawr and sewer bilJ will be held
in the Lessors name lilnd the Lessee will be respon:sible to reimburse the Lessor on ..
quarterly basis. A coPy of the original invoice will be provided to Lessee for payment.
This rider is to be attached and become part of the Lease dated the first (1st) day of June
2003. /l
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William Kennedy, r. ~~"""
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Denise Thomas Kennedy ,-.
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Lessee ,,/ ~
From: IRW1N L.~W OFFICE
717 243 ~~12C1O
04/0t)/'200~) 14:~,7 #072 F' ,IJ02/0(17
HAROLD 5 IRWIN, III
IRWIN LAW OFFICE
84 IOUTH ',TT ST'U~I!T
CAIlLISLI!, PI!HNIYLVANIA 17013
www.ltWlnI8WOfflcQ.com
e-mail: ifWlnlo.rV@urlhllnk.nel
717.243.6090
PHON\;
717-243-620C
RHONDA S. IR\NIN
R06ERTD.STAMOAUGH
PAMLEQAlS
FAC$Ift.lILf
April 6, 2005
LISA J F GREER ESQ
PO BOX C2806
SUNSET CT
GRANTHAM PA 17027
RE: Estato of Dennis Rubino
Dear Lisa:
I have been retained to represent the interest of William and Denise Kennedy, owners
of the premises located at 371 York Road, Carlisle, Pennsy';ania. As you know, this is
the property that was rented by Dennis and Linda Rubino on or about June 1, 2003.
For your reference, I have attached a copy of the lease.
The Kennedys are concerned that the Rubino family has taken it upon itself to enter
upon the property without their permission. but, more importantly, without the
permission of Linda Rubino. They have no interest in the estate, of course, and do not
care to get involved in any conflicts which may exist between Linda and Dennis's family.
On the other hand, as owners of the property, they do have an interest in ensuring that
theIr real estate is protected.
I have made it clear to the Kennedys that If the Rublnos obtain a court order authorizing
them to enter the premises, then they would have no basis to prevent that entl)'.
Hopefully, Linda would also honor that Order. With or without such an Order. however,
and with or without Linda's cooperation with the Order, the Rubinos should be made
aware that they will be held accountable for any damages 0; injury they cause to lh8
real estate. In addition, in the absence of a court Order, the KerHl~dys wish to make it
clear that the Rubinos are not permitted to enter upon the premises for any reason
unless authorized to be there by Linda Rubino.
I trust that your clients will honor these instructions and that it will not be necessary for
the Kennedys to take further action to protect there property.
~
~Old S. Irwin, III
CERTIFICATE OF MAILING NOTICE LETTER
I, Lisa Jo Fanelli-Greer, Esquire, hereby certify that on August 25,
2005, I sent notice of the filing of the Petition for Equitable Relief, Petition
for Citation together with a copy of the Petition to the persons whose names
appear on the copies of the annexed letters, at the noted addresses, by
depositing same in the United States mail, first class, postage prepaid.
'-~
LI A J FANELLI-GREER, ESQ.
Attorney I.D. No. 56704
Law Office of Lisa Jo Fanelli-Greer
P.O. Box C 2806 Sunset COUl1
Grantham, P A 17027
(717) 790-0744 (tele)
(717) 802-0922 (tele)
(717) 790-0233 (fax)
DATED: August 25, 2005
LAW OFFICE OF LISA .JO FANELLI-GREER
P. O. BOX C
2806 SUNSET COURT
GRANTHAM, PA 1 7027
(71 7) 790-0744
FAX: (71 7) 790-0233
August 25, 2005
Ms. Linda Ondercin, a.k.a. Linda Rubino
371 York Road
Carlisle, PA 17013
RE: Estate of Dennis J. Rubino
Dear Ms. Ondercin a.k.a. Rubino:
Enclosed please find a copy of the Petition for Equitable Relief, Petition for
Citation filed in the aforementioned case.
Very truly yours,
c#--iJ ~-~
Lisa Jo ;Clli-Greer
Encl.
cc: File
LAW OFFICE OF LISA .JO FANELLI-GREER
P. O. BOX C
2806 SUNSET COURT
GRANTHAM, PA 1 7027
(71 7) 790-0744
FAX: (71 7) 790-0233
August 25, 2005
Ms. Patricia A. Rubino
2 Cherry Lane
Levittown, PA 19055
RE: Estate of Dennis J. Rubino
Dear Ms. Rubino:
Enclosed please find a copy of the Petition for Equitable Relief, Petition for
Citation filed in the aforementioned case.
Very truly yours,
~fZ~-~~
Lisa Jo ln~lIi-Greer
Ene!.
cc: File