HomeMy WebLinkAbout01-5804WIRL BUILDERS
Claimant
DIMITRIOS T. TSITSIRIS,
Owner
NICHOLAS GIAMBILIS,
PETER TSIRIGOTIS
GENNY BEMZE, INC., A/K/A
BELIZE GENNY CORPORATION AND
ST. JOSEPH'S & MARY INC.,
EQUITABLE OWNERS
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: MECHANIC'S MEN
:
..
.,
:
MECHANIC'S LIEN CLAIM
Claimant, Wirl Builders, through the undersigned counsel, files this claim
against the improvements and property at 3449 Simpson Ferry Road, Camp Hill,
Pennsylvania, known as the Camp Hill Diner and also known as that certain lot with
any improvements erected thereon situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot No. 1 of a Subdivision Plan of Sanndrel of
Pennsylvania, Inc. recorded in Cumberland County Plan Book 34, Page 98, for the
payment of a debt due to Claimant as contractor for labor furnished by Claimant under
a contract for the erection and construction of new improvements at the property, but
for which only the demolition of prior improvements and some site preparation was
completed before Claimant ceased work on property for non-payment of bills. In
support of the claim, the Claimant makes the following statement:
1. (a) The owner of the property is Dimitrios T. Tsitsiris, an adult individual,
whose address according to Cumberland County assessment records is 3449
Simpson Ferry Road, Camp Hill, Pennsylvania 17011 and whose address on the
deed by which he took title was RD #2, Box 2414, Reading, Pennsylvania 17070.
(b) By Memorandum of Installment Sales Agreement, recorded June 18,
1997 in Cumberland County Miscellaneous Record Book 550, Page 299, Nicholas J.
Giambilis and Dimitrios T. Tsitsiris, purported owners of the property which is the
subject of this Claim, sold such property to Peter Tsirigotis. The said Memorandum of
Installment Sales Agreement does not provide any addresses for any parties thereto
but Claimant believes that Nicholas J. Giambilis resides at 7 Graham Road, Newville,
PA 17241 and Claimant believes that Peter Tsirigotis has a place of business at New
City View Diner, Allentown, PA 18105. The said Memorandum of Installment Sales
Agreement also recites that Peter Tsirigotis had assigned his interest in the
Installment Sales Agreement to a Pennsylvania Corporation known as Genny Belize,
Inc.
(c) A certain Memorandum of Lease with Option to Purchase was
recorded on June 18, 1997 in Cumberland County Miscellaneous record Book 550,
Page 304 whereby the parties intended to memorialize a Lease with Option to
purchase granted by Genny Belize, Inc. to St. Joseph's & Mary, Inc. Neither
Corporation was identified as to address or state of incorporation in said instrument.
Since Genny Belize, Inc. is identified as a Pennsylvania Corporation in the
aforementioned Memorandum of Installment Sales Agreement, a search of the
Pennsylvania Department of State Corporation Bureau records was made for that
corporation and none was found, however, a corporation identified as Belize Genny
Corporation of 1831 Macarthur Road, Whitehall, Pa. 18052 was found and Claimant
believes it may be one and the same entity as that identified as Genny Belize, Inc. A
further search of the Pennsylvania records for St. Joseph's & Mary, Inc. found no
record.
2. The improvement and the property which are the subject of this claim is all
that certain tract or parcel of land situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania, known as Lot No. 1 of a Subdivision
Plan of Sanndrel of Pennsylvania, Inc. recorded in Cumberland County Plan Book 34,
Page 98, and which property is further described by copy of the deed from James P.
Ross et al. to Dimitrios T. Tsitsiris, dated June 20, 1995 and recorded June 21, 1995,
in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,
Pennsylvania, in Deed Book 123, Page 993, a copy of which deed is marked Exhibit
"A," is attached hereto, and is incorporated herein by reference thereto. This property
was occupied by a restaurant known as The Camp Hill Diner having an address of
3449 Simpson Ferry Road, Camp Hill, Pennsylvania 17011, which Diner burned.
3. Claimant was hired on a time and materials basis to construct a new
restaurant on the property, including the demolition of the remains of the prior
structure.
4. The labor for which the debt is due consisted of labor and equipment
supplied for the demolition of the prior structure and the beginning of site preparation
and work on the replacement restaurant as described in the statement dated June 7,
2001, a copy of which is marked Exhibit "B" is attached hereto and is incorporated
herein by reference thereto.
5. The Claimant began work on May 23, 2001 and ceased work for non-
payment of bills on June 7, 2001 which is less than four months before the filing of
this claim.
6. Claimant has been paid nothing on the total amount billed of $14,365.00
as shown on the attached Exhibit "B" and that is the amount which remains due and
owing and for which the claim is made in the amount of $14,365.00.
Respectfully Submitted,
Attorney for Claimant, Wirl Builders
5 South Hanover Street
Carlisle, PA 17013
Tel: (717) 243-5838
I verify that the statements made in the foregoing Mechanic's Lien Claim
are true and correct, partially upon personal knowledge and partially upon my belief;
to the extent language in the Mechanic's Lien Claim is that of my attorneys, I have
relied upon my attorneys in making this Verification. I understand that false
statements herein are made and subject to the penalties of 18 Pa. C.S. {}4904
relating to unsworn falsification to authorities.
~Viiliam J Wir ,'
' RECORDER OF DEEDS
Made the ,~ . day of ~.~ in the year of our Lord one
thousand nine hundred and n~nety-ftve (I995) Between JAMES p.
ROSS, ST~PEEN E. BENSON~ DAVID G. BENSON and WILLIAM p. KINSEY,
trading and doing business as RBK PROPERTIES, a general
partnership with its ~rincip~l office at 6-D Springridge Court,
Baltimore MD 21244, GRANTOR , and party of the first part
AND
DIMITEIOS T. TSITSIRIS, an adult individual, of Read/nE, Berks
County, Pennsylvania, "GRANTEE", and party of the second part
WITNESSETH, that the said Grantor, party of the first par=,
for and in consideration of the sum of Three Hundred Thirty-Three
Thousand Five Hundred Dollars ($333,500.), lawful money of the
Dnited States of America, unto it well and truly paid by the said
party of the second part, at or before the sealing and delivery
of these presents, the receipt whereof is hereby acknowledged,
and b these Presents does hereby grant, bargain, sell, alien,
enfeo~f
, release, convey and confirm untOsecond the said party of the
part, its successors and assigns
ALL THAT CERTAIN tract or parcel of land situate in the
Township of Hampden, County of Cumberland~ Commonwealth of
Pennsylvania, bounded and described as follows:
CO~NCING at the Intersection of the Centerline of
Zimmerman Drive, and the Oenterline of Simpson Ferry
Road (L.R. 570), thence westerly alon the Centerline
of Simpson Ferry Road a distance of 7~6.79 feet, to a
point in the Centerline of Simpson Ferry Road, said
point being the Southwest corner of property of
Sanndrel of Pennsylvania, Inc. of which this Tract was
formerly a parg~ thence along land now or formerly of
Annplyco Properties, Inc. North 13° 53' west a distance
of 72.37 feet to a point on the ultimate right-of-way
line of Simpson Ferry Road~ thence along said ultimate
right-of-way line of Simpson Ferry Road north 76° 33~
east a distance of 47.74 feet to a point, the PLACE OF
BECINEING of the tract herein described~ thence ~lon~ '
land of Sanndrel of Pennsylvania, Inc. north 13 27
west a distance of 175 feet to a point~ thence
continuing along the same north 76° 33' east a distance
of 160 feet to a points thence continuing along the
same south 13° 27' east a distance of 175 feet to a
point on the ultimate right-of-way line off Simpson
Ferry Roadl thence along the ultimate right-of-way line
Pennsylvania, as recorded in Plan Book 34, Page 98, of
Cumberland County, in Book/~$ Page~.
EXHIBrr
Crantor, of, in, to or out of the said tract of land,
and every part and parcel thereof.
TO HAVE AN~ TO HOLD the said tract of land, with all and
singular the hereditaments and premises hereby granted or
mentioned, and intended so to be, with the appurtenances, unto
the said Grantee~ its successors and assigns, to and for the only
proper use and behoof of said Grantee, its successors and assigns
forever. SUBJECT to the restrictions as appear of record in Deed
Book G 28, Pages 414 through 417 in the Office of Recorder of
Deeds for Cumberland County.
AND the said Grantor, for itself and its successors does by
h these presents, covenant, grant and a rea to and the said
person or persons, whomsoever, lawfully claimin or to c~aim the
any of them, Shall and Will SPECIALLY WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor, has caused =his Deed
to he executed by its proper representative the day and year
WITNESS: GRANTOR:
RER PROPERTIES
WILLIAM p. KINSEY
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~,~/ : SS
=~- O~ th%s~fW~day of ~, 1995, before me,~a Notary Public,
~9 unoerslgned officer,~personally appeared .~ ~- ~
(~'~ , who acknowledged him~al~ to ~e' the
attorney-in-~act for JAMES p. ROSS, STEPHEN E. BENSON, DAVID G.
BENSON and WILLIAM p. KINSEY, individually and for RBI(
Properties, a general, partnership, as appointed by its partners,
and that, being authorized to do so, executed the foregoing
Hy Commission gxptre$~
here~n is ~s ~ollows: RO~a ~t
Attorney for Grantee
COMMONWEALTH OF PENNSYLVANIA~
: SS
COUNTY OF CUMBERLAND
Recorded on Chis day of , 1995 A.D. in the
Recorder's office of the said County in eed Book , Volume ,
Page .
Given under my hand and seal day and
year aforesaid.
Recorder
':h' ~f Cumberland .~
SS
Rec;r~'~r
123 ~CE 997
TO:
FROM:
CamphilI Diner
3449 Simpson Ferry Road
Camphill, PA.
Wirl Builders
855 York Road
Carlisle, PA. 17013
258-3435
June 7, 2001
PROJECT: Demolition of existing building.
May 23rd - LABOR 850.00
May 24th - Labor 1100.00 ,backhoe/delivery 570.00
May 25m- Labor 700.00, backhoe 240.00, dump truck 340.00
May 28th no dumpsters
May 29m - Labor 1100.00, back_hoe 480.00, dump truck 405.00
May 30'" - Labor 820.00, backhoe 480.00
June Is~ - Labor 1100.00, backhoe 480.00, dump truck 210.00
June 4® - Labor 900.00, backhoe 440.00, truck 360.00, jackhammer 200.00
June 5~h - Labor 950.00, backhoe 440.00, truck 380.00, ram/hoe 360.00
June 6® - Labor 320.00, backhoe 440.00, truck I35.00
June 7~ - Labor 240.00, backhoe 190.00, truck 135.00
TOTAL COST OF DEMOLITION $14,365.00
Note: Much of the work done on June 5, and all work on June 6 and 7 should be
considered as part of the re-construction. Slabs areas were removed for leveling
purposes, parts of the concrete slab were demolished for plumbing, and masonary
walls were begun to be reconfigured for the new roof line and perimeter changes.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER , to wit:
TSITSIRIS DIMITRIOS T
but was unable to locate Him
deputized the sheriff of BERKS
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within MECHANICS LIEN CLAIM
On February 25th , 2002 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Berks County
18.00
9.00
10.00
21.14
.00
58.14
02/25/2002
FREY & TILEY
R. 'Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~ ~ day of J~-'~7
A.D.
-p~okh6not ~ry -
SHERIFF'S RETURN - OUT OF COUNTY
CARE NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER , to wit:
TSIRIGOTIS PETER
but was unable to locate Him
deputized the sheriff of LEHIGH
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within MECHANICS LIEN CLAIM
On February 25th , 2002 , this office was in receipt of the
attached return from LEHIGH
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Lehigh County 30.00
.00
55.00
02/25/2002
FREY & TILEY
So answer: ~' -
R.f Thomas Kline/
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~~ day of J~_~
p~ ~ A.D.
-! I ~-rothonota~y ! '
SHERIFF'S RETURN - OUT OF COUNTY
CA~E NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named OWNER , to wit:
BELIZE GENNY INC A/K/A BELIZE GENNY CORPORATION
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of LEHIGH County, Pennsylvania, to
serve the within MECHANICS LIEN CLAIM
On February 25th , 2002 , this office was in receipt of the
attached return from LEHIGH
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Lehigh County 30.00
.00
55.00
02/25/2002
FREY & TILEY
So answ~.~s: ~>.//~/~ ~__~~
R' Thomas Kline~
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~[~ day of ~
~two .l~ A.D.
! ! Prothonotaz~y' ~
SHERIFF'S RETURN - REGULAR
C~SE NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
ST JOSEPH'S & MARY INC the
OWNER
at 3449 SIMPSON FERRY RD
, at 1537:00 HOURS, on the llth day of October
CAMP HILL, PA 17011
POSTED PROPERTY AT 3449
a true and attested copy of MECHANICS LIEN CLAIM
by handing to
SIMPSON FERRY RD CAMP HILL
together with
, 2001
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Posting 6.00
Affidavit .00
Surcharge 10.00
.00
22.00
Sworn and Subscribed to before
me this ~ day of
~~7 ~;~2~ A.D.
rothonotary
So Answers:
R. Thomas Kline
02/25/2002
FREY & TILEY
m~put~hS e~/~f~~
By: ,~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
TSITSIRIS DIMITRIOS T the
OWNER , at 1537:00 HOURS, on the llth day of October
at 3449 SIMPSON FERRY RD
CAMP HILL, PA 17011
POSTED PROPERTY AT 3449
a true and attested copy of MECHANICS LIEN CLAIM
, 2001
by handing to
SIMPSON FERRY RD CAMP HILL
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Posting
Surcharge
6 00
8 95
6 00
10 00
00
30 95
Sworn and Subscribed to before
me this ~ ~--~ day of
' ! Prothonotar~ ' '
So Answers:
R. Thomas Klin~
02/25/2002
FREY & TILEY
Deputy
SHERIFF'S RETURN - REGULAR
C~SE NO: 2001-05804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WIRL BUILDERS
VS
TSITSIRIS DIMITRIOS T ET AL
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
GIAMBILIS NICHOLAS the
OWNER
at 7 GR3kHA/~ RD
, at 1704:00 HOURS, on the 12th day of October , 2001
NEWVILLE, PA 17241
by handing to
JAMES GIAMBILIS, SON
a true and attested copy of MECHANICS LIEN CLAIM
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 5.85
Affidavit .00
Surcharge 10.00
.00
21.85
Sworn and Subscribed to before
me this ~g~ day of
7~[~*~_ - ~j o200~ A.D.
7- ~othonotary ' ~ '
So Answers:
R. Thomas Kline
02/25/2002
FREY & TILEY
- Deputy She'ri'ff -~
SHERIFF OF BERKS COUNTY
633 Court Street, Reading, PA 19601
Phone: 610-478-6240 MainFax: 610-478-6222 Sheriff Fax: 610-478-6072
Barry Jozwiak, Sheriff
Eric d. Weaknecht, Chief Deputy
AFFIDAVIT OF SERVICE
DOCKET NO. 01-5804
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me, STEPHEN DEVORE, Deputy for Barry J. Jozwiak, Sheriff of Berks
County, Pennsylvania, who being duly sworn according to law, deposes and says that after diligent search
having been made by him, he was unable to fred DIMTRIOS T. TSITSIRIS, within named defendant,
within this bailiwick.
DEPUTY SHERIFF OF BERKS CO., PA
NOTE: THE WITHIN NAMED DEFENDANT IS NOT KNOWN AT THE GIVEN ADDRESS.
Sworn and subscribed before me
~ARY P~;~ii2TS C~f" PA "NOT FOUND" as to the abovenamed defendant.
Re 0ln. , i3ork$ County, PA
SHERIFF OF BERKS COLrNTY, PA
Sheriff's Costs in Above Proceedings
$ 75.00 DEPOSIT
$ 21.14 ACTUAL COST OF CASE
$ 53.86 AMOUNT OF REFUND
All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to
demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all
unpaid sheriff's fees and the same before he shall be obligated by law to make remm thereof.
__Sec. 2, Act of June 20, 1911, P.L. 1072
In The Court of Common Pleas of Cumberland County, Pennsylvania
Wirl Builders
VS.
Dimitrios T. Tsitsiris et al
SERVE: Dimitrios T. Tsitsiris No. 01 5804 civil
NOW, October 9, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Berks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
Affidavit of Service
,20 ,at
o'clock
M. served the
upon
at
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pennsylvania
~irl Builders
Dimitrios ~T. Tsitsiris et al
SERVE: Peter Tsirigotis No. 01 5804 civil
Now, October 9, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lehigh County to execute thi s Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
within
Affidavit of Service
,20 ,at
o'clock
M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of ,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Penmsylvania
Wirl Builders
VS.
Dimitrios T. Tsitsiris et al
SERVE: Genny Belize, Inc. a/k/a ~10. 01 5804 civil
Belize Genny Corporation
NOW, November 19, 2001 , I, SHER/FF OF CUMBERLAND COUN?Y, PA, do
hereby deputize the Sheriff of Lehigh County ~o cxecute [hi s Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now~
within
Affidavit of Service
20 at
o'clock
M. served the
Il_DOn
by handing to
and made known to
copy of the original
SO aI1swers,
the contents thereof.
Sworn and subscribed before
me this __ day of ,20
Sheriff of
COSTS
SERVICE
IvlILEAGE
A~FFIDAVtT
County, PA
SHERIFF OFFICE LEHIGH COUNTY COURTHClUSE
4:5.f' W HAMILTON ST
ROOM 106 AI_LIENTOWN F'A lc.,1..1 16t4
WIRL BUILDERS
VS
DIMITRIOS T TSiTSIRiS; ET' AL
( CUNBERL_ANI3 )
WRIT :
AND NOTICE
SERVE: PETER TSI fSiRIS
AT : NEW CI"['Y VIEW D1NE;R ALLENTOWN,~ F'A
DOC~: 2001-CV-42:':.';,:I-
CASE: 2001.-I',1C-40'72
EXPiR: 04-Nov-2001
DEPOSIT: 30.00
EiNTRY: 16-clct-2001
.... UNABLE "[0 LOCATE:
) NUMBER OF' ATTEMPTS TCl LOCATE DEFENDANI" AT LAST KNClWN AB£1RESS:
].. £JATE E,. TIME__
........................................... ~. DATE ~-. 'TIME; .................................................................
3. DAf'E &: ] :[ME ....................................................... 4. DATE D.. TIME ...................................................................
'=' DATE ~.. TiME 6 DA]"E ~-. TIME
ACCEPTANCE OF' SERVICE
i HEREBY ACCEPT SERVICE OF THE I_EGAL PRClCESS AS OU'ILINED ON ]'HE F'RONT ClF THE
DOCUf'IENT. THIS SERVICE iS ACCEP-f'EB ON BEHALF ClF THE I_ISTEI) DEF:ENE~AN]' (S) ANEI
I HEREBY CERTIFY THAT I AFl ,qUTHORIZ:EB 'l"O DCl SCl.
FRII'-i bL. NArflE OF' AUTHORIZEB AoEN.
DATE: ............................................................................
SIGI'4ATORE ElF' ALJTHORI::''''¥]
,=.E,_ AGENI"
]" I ME: ........................................................................
SHERIFF OF LEHIGH COUNTY
PA~
WIRL BUILDERS
Claimant
DIMITRIOS T. TSlTSIRIS,
Owner
NICHOLAS GIAMBILIS,
PETER TSIRIGOTIS
GENNY BELIZE, INC., A/K/A
BEL ~TF GENNY CORPORATION AND
ST. JOSEPH'S & MARY INC.,
EQUITABLE OWNERS
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TO:
DIMITRIOS TSITSIRIS
RD #2, Box 2414
Reading, PA 17070
Owner
DIMITRIOS TSITSIRIS
c/o Camp Hill Diner
3449 Simpson Ferry Road
Camp Hill, PA 17011
NICHOLAS GIAMBILIS ST. JOSEPH'S & MARY INC.
PETER TSIRIGOTIS. c/o Camp Hill Diner
GENNY BELIZE, INC. a/k/a 3449 Simpson Ferry Road
BELIZE GENNY CORPORATION Camp Hill, PA 17011
Equitable Owners
NOTICE OF FILING OF MECHANIC'S UEN CLAIM
You are notified that a mechanic's lien claim in the amount of $14,365.00 has
been filed on behalf of Wirl Builders against the property at 3449 Simpson Ferry Road,
Camp Hill, Pennsylvania 17011, of which you are the owner or reputed owner. The
claim was filed on October 5, 2001 in the Court of Common Pleas of Cumberland
County to No.,~-~'~t/A copy of the claim is attached.
S~-~Tiley, ~
Esquire
Attorney for Wirl Builders
5 South Hanover Street
Carlisle, PA 17013
Tel: (717) 243-5838
VVlRL BUILDERS
Claimant
Vm
DIMITRIOS T. TSITSIRIS,
Owner
NICHOLAS GIAMBILIS,
PETER TSIRIGOTIS
GENNY BEI ~7;~ INC., A/YEA
BELIZE GENNY CORPORATION AND
ST. JOSEPH'S & MARY INC.,
EQUITABLE OWNERS
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-
MECHANIC'S LIEN
MECHANIC'S LIEN CLAIM
Claimant, Wirl Builders, through the undersigned counsel, files this claim
against the improvements and property at 3449 Simpson Ferry Road, Camp Hill,
Pennsylvania, known as the Camp Hill Diner and also known as that certain lot with
any improvements erected thereon situate in Hampden Township, Cumberland
County, Pennsylvania, being Lot No. 1 of a Subdivision Plan of Sanndrel of
Pennsylvania, Inc. recorded, in Cumberland County Plan Book 34, Page 98, for the
payment of a debt due to Claimant as contractor for labor furnished by Claimant under
a contract for the erection and construction of new improvements at the property, but
for which only the demolition of prior improvements and some site preparation was
completed before Claimant ceased work on property for non-payment of bills. In
support of the claim, the Claimant makes the following statement:
1. (a) The owner of the property is Dimitrios T. Tsitsiris, an adult individual,
whose address according to Cumberland County assessment records is 3449
Simpson Ferry Road, Camp Hill, Pennsylvania 17011 and whose address on the
deed by which he took title was RD #2, Box 2414, Reading, Pennsylvania 17070.
(b) By Memorandum of Installment Sales Agreement, recorded June 18,
1997 in Cumberland County Miscellaneous Record Book 550, Page 299, Nicholas J.
Giambilis and Dimitrios T. Tsitsiris, purported owners of the property which is the
subject of this Claim, sold such property to Peter Tsirigotis. The said Memorandum of
Installment Sales Agreement does not provide any addresses for any parties thereto
but Claimant believes that Nicholas J. Giambilis resides at 7 Graham Road, Newville,
PA 17241 and Claimant believes that Peter Tsirigotis has a place of business at New
City View Diner, Allentown, PA 18105. The said Memorandum of Installment Sales
Agreement also recites that Peter Tsirigotis had assigned his interest in the
Installment Sales Agreement to a Pennsylvania Corporation known as Genny Belize,
Inc.
(c) A certain Memorandum of Lease with Option to Purchase was
recorded on June 18, 1997 in Cumberland County Miscellaneous record Book 550,
Page 304 whereby the parties intended to memorialize a Lease with Option to
purchase granted by Genny Belize, Inc. to St. Joseph's & Mary, Inc. Neither
Corporation was identified as to address or state of incorporation in said instrument.
Since Genny Belize, Inc. is identified as a Pennsylvania Corporation in the
aforementioned Memorandum of Installment Sales Agreement, a search of the
Pennsylvania Department of State Corporation Bureau records was made for that
corporation and none was found, however, a corporation identified as Belize Genny
Corporation of 1831 Macarthur Road, Whitehall, Pa. 18052 was found and Claimant
believes it may be one and the same entity as that identified as Genny Belize, Inc. A
further search of the Pennsylvania records for st. Joseph's & Mary, Inc. found no
record.
2. The improvement and the property which are the subject of this claim is all
that certain tract or parcel of land situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania, known as Lot No. 1 of a Subdivision
Plan of Sanndrel of Pennsylvania, Inc. recorded in Cumberland County Plan Book 34,
Page 98, and which property is further described by copy of the deed from James P.
Ross et al. to Dimitrios T. Tsitsiris, dated June 20, 1995 and recorded June 21, 1995,
in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,
Pennsylvania, in Deed Book 123, Page 993, a copy of which deed is marked Exhibit
"A," is attached hereto, and is incorporated herein by reference thereto. This property
was occupied by a restaurant known as The Camp Hill Diner having an address of
3449 Simpson Ferry Road, Camp Hill, Pennsylvania 17011, which Diner burned.
3. Claimant was hired on a time and materials basis to construct a new
restaurant on the property, including the demolition of the remains of the prior
structure.
4. The labor for which the debt is due consisted of labor and equipment
supplied for the demolition of the prior structure and the beginning of site preparation
and work on the replacement restauranl as described in the statement dated June 7,
2001, a copy of which is marked Exhibit "B" is attached hereto and is incorporated
herein by reference thereto.
5. The Claimant began work on May 23, 2001 and ceased work for non-
payment of bills on June 7, 2001 which is less than four months before the filing of
this claim.
6. Claimant has been paid nothing on the total amount billed of $14,365.00
as shown on the attached Exhibit "B" and that is the amount which remains due and
owing and for which the claim is made in the amount of $14,365.00.
Respectfully Submitted,
Attorney for Claimant, Wirl Builders
5 South Hanover Street
Carlisle, PA 17013
Tel: (717) 243-5838
I verify that the statements made in the foregoing Mechanic's Lien Claim
are true and correct, partially upon personal knowledge and partially upon my belief;
to the extent language in the Mechanic's Lien Claim is that of my attorneys, I have
relied upon my attorneys in making this Verification. I understand that false
statements herein are made and subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification to authorities.
~lham J Wirl, r
CUNIDERLAttD COU%IT¥-pA
Made the ~ '.- day of. ~..~ in the year of our Lord one
~housand nine nut. red anu n~nety-five (1995) Between JAME
Ross, ST PHE. E. BENSO., DAVID G. BE.S0. P.
trading and doing business as RSK PROPERTIES, a general
partnership with its principal office at 6-D SpringtidEs Court,
Baltimore, MD 21244, "GRANTOR", and party of the first part
AND
DIMITRIOS T. TSITSIRIS, an adult individual, of Reading, Berks
County, Pennsylvania, "GRANTE~", and party of the second part
WITNESSETH, that the said Grantor, party of the first part,
for and in consideration of the sum of Three ~undred Thirty-Three
Thousand Five Hundred Dollars ($333,~00.), lawful money of the
United States of America, unto it well and truly paid by the said
party of the second part, at or before the sealing and delivery
of these presents, the receipt whereof ia hereby
and b~ these Presents does hereby grant, acknowledged,
enfeoff, release, convey and confirm unto bargain, sell, alien,
second part, its successors and assigns the said party of the
ALL THAT CERTAIN tract or parcel of land situate in the
Township of Hampden, County of Cumberland, Commonwealth of
Pennsylvania, bounded and described as follows: ·
COMMENCING at the Intersection of the Centerline of
Ztmmerman Drive, and the Centerline of Simpson Ferry
Road (L.R. 570), thence westerly alon~ the Centerline
of Simpson Ferry Road a distance of 7~6.79 feet, to a
point in the Centerline of Simpson Ferry Road, said
point being the Southwest corner of property of
Sanndrel of Pennsylvania, Inc. of which this Tract was
formerly a part; thence along land now or formerly of
Annplyco Properties, Inc. North 13" 53' west a distance
of 72.37 feet to a point on the ultimate ri hr-of-way
line of Simpson Ferry Road; thence along sai~ ultimate
right-of-way line of Simpson Ferry Road north 76" 33'
east a distance of 47.74 feet to a point, the PLACE OF
BEGINNING of the tract herein described; thence alon~ '
land of Sanndrel of Pennsylvania, Inc. north 13" 27¥
west a distance of 175 feet to a point; thence
continuing along the same north 76" 33' east a distance
of 160 feet to a point; thence continuing along the
same south 13" 27' east a distance of 175 feet to a
point on the ultimate right-of-way line of Simpson
Ferry Road; thence along the ultimate ri~ht-of-way line
e~ Simpson Ferry ~oad eou~h 76' 3~' west a distance of
160 feeC Co the p~ace of beginning, CONTAINING 28,000
square feeC of land.
BEING lot ~l of a subdivision plan of Sanndrel of
Pennsylvania, Inc., prepared by John C. Brillhart
Surveying and Mapping Services of Mechanicsburg,
Pennsylvania, as recorded in Plan Book 34, Page 98, of
=he Cumberland County Eecords and being =he same
property conveyed by Hampden Indus=riel .Development
Authority Co RBK Properties by deed da=ed ~i~.~,~ .
1995 an~recorded in =he Recorder of Dead's' ~ice of
Cumberland County, i~ Book}~3 Page~.
Contain~ng .64 acres more or less.
UNDER AND SUBJECT nevertheless co chose res=fictions
as appear of record in Deed Book G 28, Pages 414
through 417.
ALSO UNDER AND SUBJECT to that agreement hoc to erect
a barrier as sec forth in Deed Book G 28, Page 417
recorded in the Office of =he Recorder of Deeds,
Cumberland County, Pennsylvania.
TOGETHER with ~he easement of ingress and egress
granted by a predecessor in ti=la, SANNDREL OF
PENNSYLVANIA, INC. and eec forth in Deed Book G28, PaEe
417 recorded.in =he Office of =he Recorder of Deeds,
Cumberland County, PennsyLvania.
AND TOGETHER with all interests of RBK Proper=les,
Grantor, and subject to the duties, terms and
conditions as set forth in =ha= certain lease dated
August 20, ~979 between SANNDP~L OF PENNSYLVANIA, INC.
and Grantor relating co property as =herein described
for an underground wa=er line, natural gas line and
electric and telephone service which lease is subject
of a Memorandum of Lease, recorded on Sap=ember 28,
1979 ~n the Office of Recorder of Deeds, Cumberland
County at Book 247, Page 13L.
AND TOGBTHER with all and singular the improvements,
ways, waters, watercourses, rights, liberties,
privileges, hereditaments and appurtenances ~o the same
belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders,
ran=s, issues and proffcs =hereof{ AND ALSO all =he
estate, right, ti=la, interest, property, claim and
demand whatsoever, both in law and equity, of the said
Grantor, of, in, to or out of the said tract of land,
and every part and parcel thereof.
TO HAVE AN~ TO HOLD the said tract of land, with all and
singular the hereditaments and premises hereby granted or
mentioned, and intended so to be, with the appurtenances, unto
the said Grantee, its successors and assigns, to and for the only
proper use and behoof of said Grantee, its successors and assigns
forever. SUBJECT to the restrictions as appear of record in Deed
Book G 28, Pages 414 through 417 in the Office of Recorder of
Deeds for Cumberland County.
AND the said Grantor, for itself and its successors does by
these presents, covenant, grant and agree to and with the said
Grantee, his heirs, successors and assigns, that =he said
Grantor, its successors and assigns, all and singular the
hereditaments and premises herein above-described and granted, or
mentioned and intended so to he, with the appurtenances unto the
said Grantee, his successors and assigns, against the Grantor,
its successors and assigns, and against all and every other
person or persons, whomsoever, lawfully claimine or to claim the
same or any part =hereof, by, from or under it, Rim her, them or
any of them Shall and Will SPECIALLY WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said Grantor, has caused this Deed
to be executed by its proper representative the day and year
first above written.
WITNESS:
COMMONWEALTH OF PENNSYLVANIA
GRANTOR:
RBK PROPERTIES
JAMES P. ROSS, STEPHEN E.
BENSON, DAVID G. BENSON &
WILLIAM p. KINSEY
By: kl~ ~
chard~
Attorney-in-fact
On this~fY"day of ~, 1995, before me,_a Notary Public,
undersigned officer?personally appeared~~ 2~3 ....
,.~3f/ , who acknowledged ~~
attorney-in-~act ior JAIdES p. ROSS, STEPHEN E. BENSON, DAVID G.
BENSON and WILLIAM p. KINSEY, individually and for RBK
123 ~ 993
EX~J~jT"A~
Properties, a gsnera~ partnership, as appointed by its partners,
and that, being au=horized ~o do so, executed the foregoing
ins~rument for the purposes therein contained by eisning the
names of the said Par~nership, and ice indiv~dual par~ners by him
as at~orney-in-fac~.
IN ~IT~ESS ~HEREOF, I have hereunto set my hand and no=ariel
seal.
My Commission Expires:
CERTIFZCA~ OF ~ESIDKNC~
I, hereby cerc~y ~hac che precise residence of che GranCee
herein is as follows: ~O~ ~t
Attorney for Grantee
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
Recorded on this day of ~ , 1995 A.D. in the
PageRec°rder's. office of the said County in~dBook , Volume ,
Given under my hand and seal of the said ~the day and
year aforesaid.
Recorder
':,y of Cumberland .~ SS
· ..,,J~,~J in [he of lieu h3r the recording of Doe~f~
TO:
Camphill Diner
3449 Simpson Ferry Road
Camphill, PA.
June 7, 2001
FROM:
PROJECT:
Wirl Builders
855 York Road
Carlisle, PA. 17013
258-3435
Demolition of existing building.
May 25rd - LABOR 850.00
May 24~h - Labor l i00.00 ,backhoe/delivery 570.00
May 25'h~ Labor 700.00, backhoe 240.00, dump truck 340.00
May 28~h no dumpsters
May 29~ - Labor I I00.00, backhoe 480.00, dump truck 405.00
May 30~h - Labor 820.00, backhoe 480.00
June Ist-
Julle 4~h-
June 5~-
June 6t~ -
June 7~h-
Labor 1100.00, backhoe 480.00, dump truck 210.00
Labor 900.00, backhoe 440.00, truck 360.00, jackhammer 200.00
Labor 950.00, backhoe 440.00, truck 380.00, ram/hoe 360.00
Labor 320.00, backhoe 440.00, truck 135.00
Labor 240.00, backhoe 190.00, truck 135.00
TOTAL COST OF DEMOLITION $14,365.00
Note: Much of the work done on June 5, and all work on June 6 and 7 should be
considered as part of the re-construction. Slabs areas were removed for leveling
purposes, parts of the concrete slab were demolished for plumbing, and masonary
walls were begun to be reconfigured for the new roof line and perimeter changes.
Th ankf'~o u,
W'irl Builders