HomeMy WebLinkAbout11-5233Actual Mechanics Lien
NEELU ENTERPRISES, INC.D/B/A
KB BUILDERS
435 Pawnee Drive,
MEchanicsburg, PA 17050
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
CLIAMANT : MECHANICS LIEN CLAIM
ASHOK AND ASHA AGARWAL, : NO. /1 - X 3 3 M
OWNERS
MECHANICS LIEN CLAIM
AND Now comes the claimant, Neelu Enterprises, Inc. D/B/A KS
Builders who files this mechanics Lien claim , and, in support
thereof, avers as follows:
1. Claimant,Neelu Enterprises, Inc. D/B/A KS Buiiders (NEELU)
is a Chaper "S" Corporation ( Federal ID #k 25-178-1189 )
orginized and existing under the laws of commonwealth of
Pennsylvania with a business address of 435 Pawnee Drive,
Mechanicsburg, PA 17050.NEELU is filing this claim as a
contractor under the mechanic's Lien Law of 1963. 49P.S.
S 1101 et seq.
2. The owners of the Property subject to the lien, ASHOK AND
ASHA AGARWAL, husband and wife, are adult individuals
residing at 519 Cobbler Court, Mechanicsburg, PA 17050.
3. The dates on which NEELU and its subcontractors performed
work for which this claim is being made were November 8,
2009 and 3anuary 10, 2011.
4. NEELU files this claim under a contract with ASHOK and ASHA
AGARWAL wherein NEELU agreed to build a new home for the
owners on their lot in Wentwerth Development, Hampden
Township, Cumberland county. A detailed description of the
contract and specifications are attached herewith.
5. NEELU completed work on time and received payment in the
amount of 5585;000 when the owners forcibly took over the
construction site and brought in their own subcontractors
and breached the ligitimate contract. The owners also did
not pa Thousand aadditio al c( Sse enwindows in the amount of
Twenty 6. The amount claimed to be due is Ninety Six Thousand Dollars
( $96,000.00 ) which is based upon the denied profit on the
remaining contract plus casement window chrages.
7. The property claimed to be subject to the lien is a real
property located at 2212 Eaglemoor Lane, Enola, PA 17025.
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Actual Mechanics Lien
8. Neely had agreed to provide the owners with occupancy
Permit but can not do so since the owners have added work
to the property without getting additional permit. Hampden
Township denied NEELU`s request for an occupancy Permit
since Neely did not and could not complete the project as
per the original request and documentation.
9. WHEREFORE, Claimant, NEELU claims to have a lien upon the
premises herein described in the amount of $ 96,000.00,
plus interest, costs of suit and such other and further
relief as the court may deem appropriate.
Dated Tune 23, 2011
Respectfully s Mt7v_
President, Neelu Enterprises, Inc. gt 3 / T off/
Page 2
verification for Lien
VERIFICATION
I, Kashmiri L. Batra, hereby verfy that i am an adult individual;
that i am President of NEELU ENTERPRISES, INC. D/B/A KB BUILDERS;
and that i am autherized to make this statement on its behalf;
that i have read the foregoing document, and that the facts set
forth in the foregoing documents are true to the best of my
knowledge, or information and belief. I understand that false
statements herein made are subject to the penalties of 38 S 4904
relating to unsworn falsification to authorities.
NEELU INTERPRISES, INC. D/B/A
KB BUILDERS
BY--- /-!-` =-(-° ` ---- ----------- / J z o /I
KASHMIRI L.BAtra, P.E. President
Page 1
V
• t
CONST UCmTpN+ AGRE
THIS CONSTRUCTION AGREEMENT ("Agreement"
Of ) made this /l
NvVernHjiv, , 2 e e C?_ by and between
COW f1StioK E Aslu z?..?l? S? COW ? M ? e?ia'Yu r r LUA-. ? //r f!'A 174S'o ? 7
("Owners"), and lyaLU ?N «.nvc. t ug
Corporation, a Pennsylvania corporation, having hAA OxLlce dL.
435 PAWAAA0 DRIVE,Cr, PW • 17,655 ("Contractor").
WITNESSETH, that the parties hereto, in consideration of the
mutual promises and covenants contained herein, AND INTENDING To BE
LEGALLY BOUND HEREBY, agree as follows:
1• zd=t The Contractor shall erect and build new ho e
on the prom ses of the
Owner situated in Fsf AZ -rl"
lv"r40 11, ?E/VOLA, `7 A. / 7a 2-S the "Premises"}.
2• prie!• The Owner agrees to
perform
44- ance of the work herein set f?oa?thtthehsun ofraj c for the
7""? F-+ I/t The u?*a o ($ M, " J"? rtroril.?
3 111 ) (ConL-ract Price").
ZAERgAt• In consideration of the performance b
Contractor of contractor's obligations pursuant to this by theeme t
and the erection of the home and its completion in accordance with
the plans and specifications, Owner agrees to applicable ppercentage of the contract sum, pay Contractor the
]let of
determined in accordance with the
which sum X11 bo >Da ' provisions of this Agreement*
0
following the completion~ofhthe fld41
V a
wIng go stageste fl'L?1 OR AC?'m•i'y .. ...
C? ?9n Graft % ITEM OR ACTIVITY 96 ITEM OR ACTNtTY
F 3 Tub (s) $ Shower (s) ,et 2 Vin Fbo ro
7
1st pK 9h-in HVAC Ducts 1
Rough-in () 2 Final Plumbing
i of 2nd Do* 3 S (n?E1? is ? Final H1IAC 3
&wkWPk
Wall 31iesihing a E ftrior Trim Bad*
i9 1
pWte 3 Final Elecbt
Roof Shy shingle ? Exterior Pain ?
3
Ext porxg d 3 Sidewso IrisulAttion 1 FinAPp?FiQrw"s
ad C 3
E
Plum xt Do irMtt d 2 D7AW Point Reedy Garage S* & ow .3
Slab (? ne ? Works 3 i? or Trim Complete 3 Exkwior C
1 interior Point COmpie 3
Complete 3 Ha Hardware anitias Set 3 DdKWMY Per Plan
WakwWei; R Complete 3 rcKrore I nstaNecl 1
04Qh4R Plumbing
3 Attic Floor Iinish on
Finish 1
If said 3 Total P?„tMe
• payment is _.._.,.. _
invoice, Contractor not received
Payment, C full reserves right 3 days of In , is receivedfihe to stop construct ontunti
and CIa change orders 1
Chan contractor at shall be
9e order or prior in writing, shall be
impleme der and shall be submittedlto of ?r for entatiaymentoned by Owner order unless agreed to by and between Owner and Contractor-
herr uponhe
Payment terms are
Rock excavation expenses shall be at Owners expense.
At the time of .fi.nal Davmant
Owner a certificate of SubstantialtCompletiontwithhalpunchlist
executed by Contractor.
Nor 4.
A /lU CA- It ? V
g?? a=tote--,ergreeel-e?, ?,--..
5• I with 6"-lulled i Ag ..«.e..t.
accordance with plans and specs as submThe hoe shall be ittedmto homeowner. in
e 6* Pall nneec ti" i.e • The cam,. i shall obtaint the xpense, all necessary permits or authorizations fromtall municip l
bureaus and departments or utilities which may by required for the
construction or occupancy of the home. The
pay for electric, water, sewer, and heating fuel or henergyotodbe
and
used during the course of construction.
GoNTRac roR
7. MAteriSj8Lj=. Unless otherwise specified:
labor sexecuhall all materials and
of improvements.
b. All materials shall be new and of good
quality.
c. Contractor shall not employ on the Premises any person
not reasonably skilled in the work assigned to him. All lbor
performed shall be of the grade specified, and where he grade is
not specified, materials must be of quality comparable to other
specified grades of material.
d. Contractor shall furnish all materials and
work as provided for in the drawings and specifications referenced
above. Contractor shall at his own a perform all
foundation on Ownerts lot; obtain owner'snae' stake out the d
placement and elevation which a PProval of house
withheld; excavate and erect a foundation; backfill to the
foundation with materials excavated upon tall not be unreasonably
possible; and, complete the structure in accordance with the
above-referenced drawings and specifications,
8' ChAD.QlD• No changes will be made in the
specifications unless a work change order has been ared '
writing, signed b the plans and
the details of the changeninaconstructiioneandsthezaprep t o stating
thereof or credit to be allowed against the Contract Price
construction. dditinal cost
Payment for a work change order shall be made when
work9chan a order is si ned and approved.
construction, owner shall execute ?andrdeliverctomcontract of
actor a
C)
proper Stipulation and Waiver of Mechanics' Liens, which
Stipulation and Waiver may be filed by owner in the appropriate
Prothonotary's office.
10. zonovementa. Contractor hereby certifies that completed
improvements will conform to plans and specifications.
f0 T
A//uC,
12. InsuranaeiRisk of Loss. The Owner shall:
a. During the progress of the work, maintain insurance on
the Building against loss or damage by fire. The policies shall
cover all work incorporated in the Building and shall be made
payable to the parties hereto, as their interests may appear.
owner does hereby agree to be responsible for any theft, malicious
mischief, and vandalism upon the Building and Premises during the
course of said construction.
b. Indemnify and hold harmless Contractor from and against
any and all claims, demands, losses, and costs (including
reasonable attorney's fees) arising out of the negligent acts or
omissions of Owner, their agents, employees, and invitees, and
resulting in loss or damage to the Premises, or for injury to, or
death of, any person while in, upon, or about the Premises.
c. Paragraph (b) above does not apply to the Contractor
and Contractor's agents.
13. Mork completed/Cleangg. Work to be performed under this
Agreement shall commence on or before )V,0Ve-?4L 3v "OF and
shall be completed on or before _o e-*4Z 3u, zcl e C // ) lrr?
Contractor agrees to complete improvements as ycomptly as
possible. Upon completion of work and before acceptance and final
payment, Contractor shall clean and remove from the home, alley,
street, and adjacent property, all surplus and discarded materials,
rubbish, and temporary structures. Contractor shall leave site in
neat and presentable condition.
14. Izvused Delays. The Contractor shall not be liable for any
delay in the execution or completion of the work caused by, but not
limited to, the act, neglect, or default of the Owner; or as a
result of changes or alterations in the plans and specifications
made by the Owner; or by damage by fire, earthquake, or any other
11. Work by iZMer. In the event Owner desires, or may be
required to provide labor and materials not included in this
Agreement, Owner.shall not do so without the prior written approval
of the Contractor, and shall do so only in such a manner as to not
delay the material progress of the Contractor's work. owner
further agrees to not interfere with the material nroaress of the
casualty for which the Contractor is 'not responsible; or by strike,
walkouts, or any other acts of employees or suppliers of labor or
materials over which the Contractor has no control or for which the
Contractor is not responsible. In any such event, the time herein
fixed for the completion of the work shall be extended for a period
equivalent to the time lost by reason of any of the causes
aforesaid; provided, however, that nonperformance of the Agreement
by the Contractor is excused when such nonperformance is caused by
an order of any court or other public authority or by any
governmental control, regulations, restrictions, or allocations of
labor, supplies, and materials instituted by any state, municipal,
or governmental agency for any reason whatsoever.
15. Aar_ r=ty?Proaedure.
from Coofntrtheactor warrants
contractor will reme one 1
or repair defective work or materials. The liabil.it of th , year
Contractor under this warranty shall be limited to theyr rlaceme,
or correction of said defective materials or workmanshi ePExcepte
and excluded from the aforesaid warranty shall be chips, breaks,
scratches, or marks in any materials used in the Building that are
not itemized in writing to Contractor
pipes brick discoloration; prior to possession; frozen
deficiencies resulting from failures tot control ; warpage
humiidiit or other
problems; landscaping problems resulting from failure to properly
maintain such; cracks in concrete brick or wood; shrinkage and
other settlement problems; and variations in stained wood, such as
cabinets, doors, or trim. No warranty shall apply to damages
caused by weather conditions, water seepage, land settlement, site
understoodconditions,thattermtihistes It is hereby agreed and
such
no manufacturer's warranty covering any itemofu
rnishedmundercthisar
Agreement. NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, SHALL
APPLY TO THIS AGREEMENT. THE WARRANTIES CONTAINED HEREIN ARE
PERSONAL TO THE OWNER AND ARE NOT TRANSFERABLE OR ASSIGNABLE AND
THE OWNER DOES, HEREBY, EXPRESSLY WAIVE ANY OTHER WARRANTY.
b• In the event there are any defects in workmanship or
materials within the aforesaid one (1) year period, Owner shall
promptly give Contractor written notice of Same, and Contractor
shalldbe agfifo ded he owpertunity to remed
notice as aforesaid, and Owner's failure to,afforace, or repair the
work. place, re give Contractor written
uas
noticety to re
or material pair, or remedy the said defective work
Owner for saidhdefectiveconstitute
materialwaiver
workmanshi of any claim by
16. OCCUDa c . hip. gy It is further a that occupy, or cause to be Occupied, therBuiilding andep shall not
are subject to this Agreement until final
under this Agreement, including any extra charges remises which
made. payment of all sums due
Occupancy by Owner in violation of this shall have been
deemed acceptance
provision shall be
funds owner contractor# work and shall ba
withholding for defects s or or d deniaial of such acceptance by
v
Owner.
encountersuany?unusual conditIonshe event that the Contractor
construction, such as solid or machine rock
water, or s rin s during the course of
p g , and the unusual condition requiresdanyiworkoles,
which, in the opinion of the Contractor, is considered to be
unusual, such as, but not limited to, the removal of rock by
blasting or drilling or their special excavation or the
installation of special footings, subbase, foundation walls, or
drain tiles,
- --r
?4 Q/( iQS N //t? LGf O AC "•%9 IV
?u,.d , ?* ?a/uad andr WAo S/oKfd AA?. a
WA4F Ws s =4e
18. er;'?°• It is understood and agreed that the
Owner shall not be entitled to any material which has not been
incorporated into the construction, except where
specifically paid for such material under the special provisions has
this Agreement relating to payment specifically of costs of
materials, provisions of
19. ?indina Sf ..•tparties her- e an eir respective heirs, executors, upon the This Areement shall be binding administrators, successors, and assigns.
20•l?t
assigned .
by owner xot AssfQndble. This Agreement shall not be
21' Any notice required hereunder shall be either
hand del veor sent by United States mail
the parties at the addresses set forth in te Postage
page of this Agreement, and shall be deemed to have been given upon
actual receipt of such notice, preamble on the first
give
22. velI t_?f Provisions.
of the provisions contained in this Agreement shall, o for ( more
reason, be held to be invalid, illegal, or unenforceable in an
an
respect, such invalidity
affect any other i? illegality, or unenforceability hall not
shall be construedraslifosuchfinvthis alid Agriement
his Agreement
provisions had never been contained herein,
or
unenforceable
231 t3enQer??*».?._,.
the sin Whenever the context herein so requires
gular number shall include the include the singular, and the use of anlural, the
to all genders.
24. Y gender shallural l be shall
applicable
paragraphs: The headings or captions the
reference onl this Agreement are inserted forrconvenience of
Agreement. y and shall not be construed in interpreting this
25. Pennayisrsr;
construed in a aw• This Agreement shall be
accordance with the laws of the Commonwealtheofb
by and
Pennsylvania..
IN WITNESS WHEREOF, the parties hereto, INTENDING TO
BOUND HEREBY, have hereunto set their hands and seals
year first above written.
r:
the BE LEGALLY
day and
OWNERS:,
.
j •
ATTEST:
CONTRACTOR:
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Ashok & Asha agarwal specifications
SPECIFICATIONS
NEW CONSTRUCTION- RESIDENTIAL
BUILDER : NEELU ENTERPRISES,?INC. D/B/A KB BUILDERS
435 Pawnee Drive, Mechanicsburg, PA 17050
717-763-8274; 717-877-1182 (cell)
BUYERS : Ashok & Asha Agarwal, 519 Cobbler Court, Mechanicsburg, PA
17050
PROPERTY ADDRESS: LOT # 14 WENTWERTH DEVELOPMENT , ENOLA, PA 17025
The builder shall provide all needed labor/material; perform all work
required to complete the structure within the scope of the stated
specifications and in accordance with the plans attached here to and
made a part of the agreement of this construction project.
All parties ( The OWNERS. The BUILDER and all SUBCONTRACTORS shall
comply with all applicable sub-divison ordinances required by the
local, state & federal authorities.
Prior to the start of the construction. A survey of the property may
be required if lender desires so; the owners shall establish the
location of the structure and the grade level. The Builder shall be
responsible for plotting the layout of the proposed structure on the
survey.
EXCAVATION : All top soil from the lot shall be scraped and piled
on the lot at an appropriate location. Footers excavation shall extend
to solid undisturbed earth below the local frost level
ITEM MATERIAL TYPE Size
Footer Concrete
Page 1
8x20
Footer Drain
BASEMENT
Ashok & Asha agarwal specifications
Yes
walls Concrete 10"x10' Mix : 3500
water proofing Clear
Floor 4" Concrete mix: 3500
Drain Tiles 2"x6" Connected to Sump Pit
Column supports
4"
FRAMING
Metal
Treated
sill
2"x6" 2"x6" walls
wood
Steel
Girder/Beam
As per plans
Ist & 2nd Floor Joists TJI
14-16" or as per plans
ROOF
Truss
24"" O.C.
Sheathing
Aspenite
5/8"
Underlayment Felt -30 #
shingles Architectural
30 years
CORNICE
Face Board Aluminum
6"
soffit Aluminum
12"
Rake Board Aluminum
6"
Drop Aluminum
standard
Page 2
ryA
P
Ashok & Asha agarwal specifications
GUTTER & DOWNSPOUTS
Gutter
Downspouts
chimney Flashing
WINDOWS
Glass
400 Series as per plan
screens
storm
EXTERIOR DOORS
(Front Door SEE Allowances)
Jamb
Plans
Hardware
Hinges
per door painted
ATTIC VENTILATION
Louver
vent
MASONRY
per plans
Fire Places Gas inserts -3
INTERIOR CARPENTRY
Flooring
Aluminum
Aluminum
Aluminum
Anderson
Yes
NO
Fiberglass Therma -Tru
As per
SO age
31/2" 3
soffi t
Roof Ridge vent
stone & drivit as
(SEE ALLOWANCES)
(SEE ALLOWANCES)
Kitchen
Living, dining, office
Baths & Laudry
Family
Carpet/woodEE ALLOWANCES)
(SEE ALLOWANCES)
(SEE ALLOWANCES)
Page 3
ao
Foyer - Ceramic
other areas carpet
stairs Oak/Pine
Ashok & Asha agarwal(SEsecifications
E ALLOWANCES)
Balisters- Iron
interior Doors - Masonite
Semi solid 4 Panel
window sills
4"'
Door Stops
Baseboard
51/4"
winow casing
(SEE ALLOWANCES)
as per plans
(SEE ALLOWANCES)
13/8"
Pine
steel
Pine
Pine
31/4"
crown molding single crown molding through out the house- Excludes
Basement
Door Bumper Hinge or floor as needed
wall surface - Dry wall as per code
Paint owner choice ( SEE Allowances )
BASEMENT
Finished basement with carpet
( SEE Allowances )
HEATING/.AIR CONDITIONING
Gas heating & air - three (3) units- one /floor
INSULATION
R-38 in wa4-U R-19 in walls
GRADING/LANDSCAPING
ROugh,final and landscaping ( SEE ALLOWANCES ) L?
WALKWAY/DRIVEWAY/Wingwalls ( SEE ALLOWANCES
Page 4
Ashok & Asha agarwal specifications
DECK- Treated Wood Deck
BARS/PAPER HOLDERS/SHOWER DOORS ( SEE
SHELVING/MIRRORS/TOWEL
ALLOWANCES)
ALL REVISIONS/MODIFICATIONS MUST BE IN WRITING. ALL EXTRAS MUST BE
APPROVED AND PAID FOR UP FRONT.
flA
Page 5
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Hampden Township
230 S. Sporting Hill Road
4D Mechanicsburg, PA 17050
Phone: (717) 761-0119 - Fax: (717) 761-7267
NEW RES DET
E rmit Number 000000003071
Connactor: NEELU ENTERPRISES, INC., KB BUILDER Owner: ASHOK AGARWAL Date: 11/23/2009
Address: 435 PAWNEE DR Project 2212 EAGLESMObR Parcel No:
Address: LN
MECHANICSBURG, PA 17050 ENOLA, PA 17025 Subdivision: WENTWORTH 1
Contact/Phone: BATRA, KASH/(717)763-8274 PHONE: Zoning Dist: RC OPEN
Est. Cost: $871,000.00
BUILDING INFORMATION ZONING INFORMATION
Const. Type: 5B Use Grou : RES Pro . Easements: ?E7t3?9C-1?4 UpDi9 ?? /7-Z -? /?
Floor Area: 9,302.00 Bsemnt Walls/Found: 12 CONC 0 Yard Setbacks
Bedrooms: 7 Bsemnt Finish: YES Front :OA Right Side %V I Left Side 90,46 Rear W
3
Bathrooms 7.5 Footing: 8 X 24 Building Info. ,
Lot Coverage:
9000
'
Lot Number: 14
Lot Size: 44000
Width
1
48 Length 103 I
Height 44
Plumbing Company: EBERSOLE, JEFFREY/ This permit has been issued after reviews under the requirements of the
Plumber Address: 649A SCHOOL HOUSE LANE., UCC and the IRC 2009. Per section 403.65 of the UCC a building, structure
LEWISBERRY, PA, 17339 or facility may not be used or occupied without a Certificate of Occupancy
Sewer Notice: Prior to scheduling the required sewer connection inspection issued by a Buildf?g Code Official. Pir Section 403.59 of the UCC a
with the Building DepL, you must confirm that the section of sanitary sewer Construction Code Official shall make all the required inspections to comply
main line to which you will be connecting has been air tested & approved. with the UCC.
PT WD SILLS W/ANCHORS, AC SMOKE DETECTORS INTERCTD,
DISPLAY BUILDING ADDRESS, POST ENERGY COMPLIANCE
CERTIFICATE IN MAIN ELECTRICAL PANEL AT FINAL INSPECTION,
BASEMENT EGRESS REQUIRED.BASEMENT FINISH- BED, BATH,
PWDR, FAMILY, THEATRE- EGRESS WINDOWS.
For inspections, Please Cali: '(717) 7614119 One Working Day I
Advance
GALL BEFORE YOU DIG!
P. Ilt- Lim Agoliiii=
a w+Nnu11l!e RM NOTICB Pf!
C6=TJlVCnW 1110? AM* Id G
4&pm Isar
fltEli »>x >19sI? s - s2+9f!• C&LZ
1-500-242-1776
Applicant's Signature
Total Permit Charges
Date
/22-Q
$12,349.00
tp-23- 2alf
Lien Document INFO
items submitted for filing a mechanics Lien
1. A copy of construction contract; specifications; Permit from
Hamden ownship and payment received.
2. Amount of Lien : Ninety six Thousand --00/100 (96,000.00).
3. CONTRACTOR INFORMATION:
NEELU ENTERPRISES, INC. D/$/A K8 BUILDERS kASI-f G,4-riRA,P?F PREs?D?n'7'
435 PAWNEE DRIVE, MECHANICSBURG, PA 17050
717-763-8274; 717-877-1182 (CELL)
HOME OWNER INFORMATION:
ASHOK & ASHA AGARWAL
519 COBBLER COURT, MECHANICSBURG, PA 17050
717-761-7079
4. Last date when contractor/subcontractor stopped working:
January 10,2011
5. PROPERTY LOCATION:
2212 EAGLEMOOR LANE, ENOLA, PA 17025
LOT # 14; WENTWERTH ESTATES, HAMPDEN TOWNSHIP, PA 17025
Page 1
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFF. couWrl,
P?Et4NSYL\jAjA1 IN
Neelu Enterprises, Inc.
vs. Case Number
Ashok and Asha Agarwal 2011-5233
SHERIFF'S RETURN OF SERVICE
07/07/2011 04:13 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July
7, 2011 at 1613 hours, she served a true copy of the within Mechanics' Lien Claim, upon the within named
defendant, to wit: Ashok and Asha Agarwal, by making known unto Asha Agarwal personally, at 2212
Eaglesmoor Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
QUa nd-a- Cb ?
AMANDA COBAUGH, DE
SHERIFF COST: $43.44
July 08, 2011
SO AN ? .
RO R ANDERSON, SHERIFF
NOTARY
Affirmed and subscribed to before me this
day of ,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r ?L Ra°H e? API
;r: Gour,;Suite Sheriff leieoso'1 In:
NEELU ENTERPRISES, INC.,
D/B/A KB BUILDERS,
Claimant
V,
ASHOK AND ASHA AGARWAL,
Owners.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2011-5233
MECHANICS LIEN CLAIM
IN RE: PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANICS LIEN CLAIM
BEFORE HESS P.J. and MASLAND, J.
ORDER
AND NOW, this 7t" day of February, 2012, consistent with the opinion filed of even date
herewith, a hearing on the issue of the date of the completion of work concerning the within
Mechanics' Lien is set for Wednesday, February 29, 2012, at 3:00 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
144?
Kevin . Hess, P.J.
Lowell R. Gates, Esquire =
1013 Mumma Road, Suite 100 -, T
Lemoyne, PA 17043
For the Claimant
V Andrew Kravitz, Esquire
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
For the Owners
:rlm 000 e-s ire, - l e-d v2 ??//
NEELU ENTERPRISES, INC.,
D/B/A KB BUILDERS,
Claimant
V.
ASHOK AND ASHA AGARWAL,
Owners.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 2011-5233
MECHANICS LIEN CLAIM
IN RE: PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANICS LIEN CLAIM
BEFORE HESS P.J. and MASLAND, J.
OPINION and ORDER
Neelu Enterprises, Inc., d/b/a KB Builders (hereinafter "Claimant") filed a Mechanics'
Lien claim on June 23, 2011, against certain real property located at 2212 Eaglesmoor Lane,
Hampden Township, Enola, PA 17025, in order to obtain payment for residential construction
work performed on that property owned by Ashok and Asha Agarwal (hereinafter "Owners").
(Mechanics' Lien Claim, filed Jun. 23, 2011). The Claimant avers that, in November of 2008,
the parties entered into a Construction Agreement for the building of a residential home, a copy
of which was attached to the Claim, and that Claimant did complete a substantial portion of the
work, for which it received payment in the amount of $585,000. (Mechanics' Lien Clam, filed
Jun. 23, 2011). Furthermore, Claimant avers that after it began construction of the home, yet
prior to its completion, the Defendant Owners informed Claimant that their Agreement was
being terminated, effective immediately, and that the Owners thereafter "brought in their own
subcontractors..." to finish the work on the new home construction. (Mechanics' Lien Clam,
filed Jun. 23, 2011). As evidence thereof, the president of Claimant's business and the Owners
signed a one page, hand-written agreement, dated December 8, 2010, whereby Claimant and
Owners "acknowledged that Agarwals were terminating Neelu's construction services and that
Agarwals would be dealing with the subcontractors directly." (Termination Agreement,
Claimant's Response, Ex. B, filed Dec. 12, 2011). As a result of the ousting, Claimant seeks the
sum total of $96,000, which is based upon the denied profit remaining on the contract plus
$20,000, which Claimant avers is due and owed to it for the purchase and installation of
additional casement windows.
Owners have responded to the Mechanics' Lien Claim with preliminary objections,
seeking, first, that the claim be stricken because it was filed more than six months after the
completion of the work on the project and is thus in violation of the Mechanics' Lien Law, and,
second, that the claim be stricken because of an alleged waiver by the Claimant of its right to file
a mechanics' lien claim. (Preliminary Objections, filed Sep. 23, 2011). In their Preliminary
Objections, Owners assert that the Claim is untimely because, although the Claim alleges that
work was performed on the property from November 8, 2009 through January 10, 2011 by Neelu
and its subcontractors, neither Claimant nor its subcontractors performed any work on the
property after October of 2010. (Preliminary Objections, 10, filed Sep. 23, 2011). Owners
allege that Claimant had instead resigned as general contractor for the construction work on
December 8, 2010, and, as evidence thereof, the parties signed the one page, hand-written
agreement, whereby Claimant and Owners "acknowledged that Agarwals were terminating
Neelu's construction services and that Agarwals would be dealing with the subcontractors
directly." (Termination Agreement, Claimant's Response, Ex. B, filed Dec. 12, 2011). Because
the Mechanics' Lien Claim was not filed until June 23, 2011, the Owners seek a demurrer, as the
claim was not filed within six months after the completion of the work performed.
Pursuant to the Mechanics' Lien Law of 1963, 49 P.S. § 1502(a)(1), in order to properly
perfect a lien, a claimant must file the mechanics' lien claim with the Prothonotary within six
2
months after the completion of the work. 49 P.S. § 1502. "Completion of the work" is defined in
Article II, section 1201 of the Mechanics' Lien Law as, "performance of the last of the labor or
delivery of the last of the materials required by the terms of the claimant's contract or agreement,
whichever last occurs." 49 P.S. § 1201(8). It is well settled that the provisions of the Mechanics'
Lien Law, which provide a "special remedy in favor of a unique class of creditors," are to be
strictly construed. Yellow Run Coal Co. v. Yellow Run Energy Co., 278 Pa.Super. 574, 577, 420
A.2d 690, 692 (1980). It follows that if the claim has not been filed within the required time
limit, it must be stricken and no lien can attach. Russell v. Bell, 44 Pa. 47 (1862); G.E.M. Bldg.
Contractors and Developers, Inc. v. Egidio's Inc., 14 Pa. D. & C.4" 609 (1992). It is, therefore,
necessary to determine when the work on the project was completed in order to determine
whether the claim was timely filed.
We find that the record contains conflicting statements concerning the issue of when the
work was completed by the Claimant. Under the Mechanics' Lien Law, a trial court is
empowered to supplement the pleadings when an issue of fact has been raised by preliminary
objection. 49 P.S. § 1505. The relevant statute provides, in pertinent part, as follows:
Any party may preliminarily object to a claim upon a showing of exemption or
immunity of the property from lien, or for lack of conformity with this act. The
court shall determine all preliminary objections. If an issue of fact is raised in
such objections, the court may take evidence by deposition or otherwise.
49 P.S. § 1505.
In the instant case, Claimant has suggested that, by and through its subcontractors, it did
continue the construction work to a point where the filing of its Mechanics' Lien claim was well
within the required six month window. Conversely, the Owners rely on their own assertions and
the one-page hand-written agreement, dated December 8, 2010, which indicates that after that
date Owners themselves were to deal directly with any and all subcontractors regarding the
3
completion of the work, that the only work to be done by the Claimant was to obtain a final
occupancy permit, which did not occur. At this point, it would be premature to rule on the
Owners' Preliminary Objections. For these reasons, a hearing will be scheduled to supplement
the record in order to resolve the issue of the date the work was completed by the Claimant, and
the following order will be entered:
ORDER
AND NOW, this 7 h day of February, 2012, consistent with the opinion filed of even date
herewith, a hearing on the issue of the date of the completion of work concerning the within
Mechanics' Lien is set for Wednesday, February 29, 2012, at 3:00 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Kevin,00 Hess, P.J.
1
CO
4
NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Claimant
VS.
ASHOK AGARWAL and
ASHA AGARWAL,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANIC'S LIEN claim
NO. 11-5233 CIVIL
IN RE: MECHANIC'S LIEN CLAIM
BEFORE HESS, P.J.
ORDER
AND NOW, this 27* day of March, 2012, the preliminary objections to the within
Mechanic's Lien Claim are SUSTAINED and the Mechanic's Lien Claim filed by Neelu
Enterprises, Inc., d/b/a KB Builders, filed on or about June 23, 2011, is DISMISSED.
BY THE COURT,
Kevin Hess, P. J.
? Lowell Gates, Esquire - =? -
For the Claimant Fri F
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Esquire
? Andrew T. Kravitz rv
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For the Owners ZL ,
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NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Claimant
VS.
ASHOK AGARWAL and
ASHA AGARWAL,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANIC'S LIEN claim
NO. 11-5233 CIVIL
IN RE: MECHANIC'S LIEN CLAIM
BEFORE HESS, P.J.
MEMORANDUM AND ORDER
Before the Court are preliminary objections to Claimant's Mechanic's Lien Claim. The
preliminary objections seek to strike the claim because it was filed more than six months after
the completion of the work on the project. In our opinion and order of February 7, 2012, we
observed that a ruling on the preliminary objections was premature because the record was not
clear on when work was completed in this case.
A hearing was held in this matter on February 29, 2012. After taking testimony, the
undersigned concluded that the contract between the plaintiff and defendants had terminated as
of December 8, 2010, but that in early January of 2011 plaintiff returned to the property to
observe and correct certain deficiencies. The plaintiff did not send any additional invoices to the
defendants as a result of the last visit to the property.
The issue presented in this case is whether work performed without charge to the owners,
after completion of the contract, to compensate for defective performance preserves or extends
the time for the filing of a mechanic's lien. Our appellate courts last spoke to that issue more
than 120 years ago in Harrison et al. v. Homeopathic Hospital Ass'n. et al, 134 Pa. 558, 19 A.
804 (1890). In Harrison, after the contract was completed, the plaintiff returned to the
construction site to replace two items that were defective. The Court found that the correction of
defects did not extend the time period for the filing of a Mechanic's Lien Claim. The antiquity
of this ruling does not appear to have diminished its validity. In fact, this same holding was
applied in a proceeding in the United States Bankruptcy Court for the Eastern District of
Pennsylvania in 1996. Specifically, in the case of In Re Abbey Downs Development
Corporation, 1996 WL 709390 (Bkrtcy. E.D.Pa.) the Chief Bankruptcy Judge cited Harrison for
the proposition that "if the work at issue `was substantially completed' by an earlier date, and
work was later performed `merely to compensate the deficiency in the work which had been
previously done in order to make good the charges already embraced in the claim, we are of the
opinion this should not operate to extend the time for filing of the lien.' " Id. at 2.
In this case, it is clear that the work was "substantially completed" in early to mid
December of 2010. Accordingly, the filing of the Mechanic's Lien Claim in late June of 2011
was not timely.
ORDER
AND NOW, this ZT day of March, 2012, the preliminary objections to the within
Mechanic's Lien Claim are SUSTAINED and the Mechanic's Lien Claim filed by Neelu
Enterprises, Inc., d/b/a KB Builders, filed on or about June 23, 2011, is DISMISSED.
2
BY THE COURT,
Lowell Gates, Esquire
For the Claimant
Andrew T. Kravitz, Esquire
For the Owners
rim
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Plaintiff,
V.
Docket No. 2011-5233
ASHOK AGARWAL and ASHA
AGARWAL, husband and wife,
Defendants.
NOTICE OF APPEAL
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Notice is hereby given that NEELU ENTERPRISES, INC. d/b/a KB BUILDERS,
plaintiff named above, hereby appeals to the Superior Court of Pennsylvania from the
order entered in this matter on the 27th day of March, 2012. This order has been entered
in the docket as evidenced by the attached copy of the March 27, 2012 Order and the
docket entry.
Respectfully Submitted,
,'1
Dated: April 25, 2012 tl? .?
Lowell R. Gates, Esq.
PA Id. No. 46779
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Phone 717.731.9600
Facsimile 717.731.9627
I.r.gates@gateslawfirm.com
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Plaintiff,
V.
Docket No. 2011-5233
ASHOK AGARWAL and ASHA
AGARWAL, husband and wife,
Defendants.
REQUEST FOR TRANSCRIPT
A Notice of Appeal having been filed in this matter, the official court reporter is
hereby requested to produce, certify and filed the transcript in this matter in conformity
with Rule 1922 of the Pennsylvania Rules of Appellate Procedure.
Respectfully Submitted,
Dated: April 25, 2012
Lowell R. Gates, Esq.
PA Id. No. 46779
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Phone: 717.731.9600
Facsimile: 717.731.9627
l.r.gates@gateslawfirm.com
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Claimant,
V.
Docket No. 2011-5233
ASHOK AGARWAL and ASHA
AGARWAL, husband and wife,
Owners.
CERTIFICATE OF SERVICE
I, Lowell R. Gates, Esq., hereby certify that a true and correct copy of the
foregoing Notice of Appeal and Request for Transcript have been served this day upon
the following by United States first class mail, postage prepaid, addressed as follows:
Honorable President Judge Kevin A. Hess
Cumberland County Court of Common Pleas
1 Courthouse Square
Carlisle, PA 17013
Melissa H. Calvanelli, Owens, Barcavage and McInroy, LLC
District Court Administrator Attn: Andrew T. Kravitz, Esq.
Cumberland County Courthouse (Attorney for Owners)
1 Courthouse Square, Room 301 2595 Interstate Drive, Suite 101
Carlisle, PA 17013 Harrisburg, PA 17110
Dated: April 25, 2012 t°eZ/l
Lowell R. Gates, Esq.
PA ID #46779
Gates, Halbruner, Hatch & Guise, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Phone: 717.731.9600
Facsimile: 717.731.9627
l.r. ates ,gateslawfirm.com
NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Claimant
vs.
ASHOK AGARWAL and
ASHA AGARWAL,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANIC'S LIEN claim
NO. 11-5233 CIVIL
IN RE: MECHANIC'S LIEN CLAIM
BEFORE HESS, P.J.
ORDER
AND NOW, this 227' day of March, 2012, the preliminary objections to the within
Mechanic's Lien Claim are SUSTAINED and the Mechanic's Lien Claim filed by Neelu
Enterprises, Inc., d/b/a KB Builders, filed on or about June 23, 2011, is DISMISSED.
BY THE COURT,
P K
Kevin . Hess, P. J.
Lowell Gates, Esquire -= -,
For the Claimant
Andrew T. Kravitz, Esquire
For the Owners v '-
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NEELU ENTERPRISES, INC.,
d/b/a KB BUILDERS,
Claimant
VS.
ASHOK AGARWAL and
ASHA AGARWAL,
Owners
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MECHANIC'S LIEN claim
NO. 11-5233 CIVIL
IN RE: MECHANIC'S LIEN CLAIM
BEFORE HESS, P.J.
MEMORANDUM AND ORDER
Before the Court are preliminary objections to Claimant's Mechanic's Lien Claim. The
preliminary objections seek to strike the claim because it was filed more than six months after
the completion of the work on the project. In our opinion and order of February 7, 2012, we
observed that a ruling on the preliminary objections was premature because the record was not
clear on when work was completed in this case.
A hearing was held in this matter on February 29, 2012. After taking testimony, the
undersigned concluded that the contract between the plaintiff and defendants had terminated as
of December 8, 2010, but that in early January of 2011 plaintiff returned to the property to
observe and correct certain deficiencies. The plaintiff did not send any additional invoices to the
defendants as a result of the last visit to the property.
The issue presented in this case is whether work performed without charge to the owners,
after completion of the contract, to compensate for defective performance preserves or extends
the time for the filing of a mechanic's lien. Our appellate courts last spoke to that issue more
than 120 years ago in Harrison et al. v. Homeopathic Hospital Assn. et al, 134 Pa. 558, 19 A.
804 (1890). In Harrison, after the contract was completed, the plaintiff returned to the
construction site to replace two items that were defective. The Court found that the correction of
defects did not extend the time period for the filing of a Mechanic's Lien Claim. The antiquity
of this ruling does not appear to have diminished its validity. In fact, this same holding was
applied in a proceeding in the United States Bankruptcy Court for the Eastern District of
Pennsylvania in 1996. Specifically, in the case of In Re Abbey Downs Development
Corporation, 1996 WL 709390 (Bkrtcy. E.D.Pa.) the Chief Bankruptcy Judge cited Harrison for
the proposition that "if the work at issue `was substantially completed' by an earlier date, and
work was later performed `merely to compensate the deficiency in the work which had been
previously done in order to make good the charges already embraced in the claim, we are of the
opinion this should not operate to extend the time for filing of the lien.' " Id. at 2.
In this case, it is clear that the work was "substantially completed" in early to mid
December of 2010. Accordingly, the filing of the Mechanic's Lien Claim in late June of 2011
was not timely.
ORDER
AND NOW, this ZT day of March, 2012, the preliminary objections to the within
Mechanic's Lien Claim are SUSTAINED and the Mechanic's Lien Claim filed by Neelu
Enterprises, Inc., d/b/a KB Builders, filed on or about June 23, 2011, is DISMISSED.
2
BY THE COURT,
Lowell Gates, Esquire
For the Claimant
Andrew T. Kravitz, Esquire
For the Owners
Am
PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2011-05233 NEELU ENTERPRISES INC ET AL (vs) AGARWAL ASHOK ET AL
Reference No..: Filed........: 6/23/2011
Case Type ..... : MECHANICS LIEN CLAIM
Judgment......: 96,000.00 Time.........:
Execution Date 2:27
0/00/0000
Judge Assigned: HESS KEVIN A Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
********************************************* ***********************************
General Index Attorney Info
NEELU ENTERPRISES INC CLAIMANT GATES LOWELL R
435 PAWNEE DRIVE
MECHANICSBURG PA 17050
KB BUILDERS CLAIMANT GATES LOWELL R
435 PAWNEE DRIVE
MECHANICSBURG PA 17050
AGARWAL ASHOK OWNER
519 COBBLER COURT
MECHANICSBURG PA 17050
AGARWAL ASHA OWNER
519 COBBLER COURT
MECHANICSBURG PA 17050
********************************************************************************
Judgment Index Amount Date Desc
AGARWAL ASHOK
AGARWAL ASHA
96000.00 6232011 MECHANICS CLAIM
96,000.00 6/23/2011 MECHANICS CLAIM
********************************************************************************
* Date Entries
********************************************************************************
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
6/23/2011 MECHANICS LIEN CLAIM IN THE AMOUNT OF $ 96,000.00 BY KASH BATRA
7/11/2011 ---------
SHERIFF'S -------------------------------------------
RETURN - 07/07111 - SERVED MECHANICS LIEN ---------------
CLAIM UPON
ASHOK AND ASHA AGARWAL AT 2212 EAGLESMOORE LANE ENOL A PA 17025
SHERIFF'S COSTS: $43.44
9/23/2011 ----------------------------------------------------
PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANICS LIEN ---------------
CLAIM PURSUANT
TO 49 PS 1505 - BY ANDREW T KRAVITZ ATTY FOR OWNERS
11/28/2011 ---------
PRAECIPE -------------------------------------------
FOR LISTING CASE FOR ARGUMENT - PRELIMINARY ---------------
OBJECTIONS -
BY ANDREW T KRAVITZ ATTY FOR DEF
-
12/12/2011 ---------
PRAECIPE ---
---------------------------------------
FOR ENTRY OF APPEARANCE - BY LOWELL R GATES ---------------
ATTY FOR
CLAIMANTS
-------------------------------------------------------------------
12/12/2011 CLAIMANTS RESPONSE IN OPPOSITION TO OWNERS PRELIMINARY OBJECTIONS
TO CLAIMANTS MECHANICS LIEN CLAIM - BY LOWELL R GATES ATTY FOR
CLAIMANTS
-------------------------------------------------------------------
12/13/2011 COMPLAINT - BY LOWELL R GATES ATTY FOR PLFF
-------------------------------------------------------------------
2/08/2012 OPINION - IN RE: - HEARINGMSETRFORB2K%125 0 T3:00
PM IN CR 4 CUMB CO COURTHOUSE - BY THE COURT KEVIN HESS PJ
COPIES MAILED 2/8/12
-------------------------------------------------------------------
3/27/2012 ORDER - 3/27/12 - IN RE: MECHANIC'S LIEN CLAIM - PRELIMINARY
OBJECTIONS TO THE WITHIN CLAIM ARE SUS /TA/INED AND MECHANIC'S LIEN CLAIM F ABOUT 6/I23//1B1 ISNEDISMISSEDELU BYSTHECCOURTAKEVINUALHDERS ESS pJLED ON OR
COPIES MAILED 3/27/12
-------------------------------------------------------------------
4/25/2012 NOTICE OF APPEAL TO SUPERIOR COURT - BY LOWELL R GATES ATTY FOR
PLFF
-------------------------------------------------------------------
4/25/2012 REQUEST FOR TRANSCRIPT - BY LOWELL R GATES ATTY FOR PLFF
PYS511 Cumberland County Prothonotary's Office
Civil Case Print
2011-05233 NEELU ENTERPRISES INC ET AL (vs) AGARWAL ASHOK ET AL
Page 2
Reference No... Filed......... 6/23/2011
Case Type.....: MECHANICS LIEN CLAIM Time..... 2:27
Judgment......: 96,000.00 Execution Date 0/00/0000
Judge Assigned: HESS KEVIN A Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
-------------------------------------------------------------------
4/25/2012 CERTIFICATE OF SERVICE - NOTICE OF APPEAL & REQUEST FOR
TRANSCRIPT - BY LOWELL R GATES ATTY FOR PLFF
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Be*q*Bal***Pymts/Ad? End Bal
******************************** **** ****** *******************************
MECH LIEN CLAIM 14.00 14.00 .00
AUTOMATION FEE 5.00 5.00 .00
APPEAL HIGH CT 57.00 57.00 .00
------------------------ ------------
76.00 76.00 .00
********************************************************************************
* End of Case Information
********************************************************************************
TRUE COPY FROM RECORD
In Testimony whereof. I here unto set my hand
le, Pa.
and th se I of said XqrathorwAary
This day of 20- J2
Karen Reid Bramblett, Esq.
Prothonotary
Milan K. Mrkobrad, Esq.
Deputy Prothonotary
Buell, David D.
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
April 30, 2012
Middle District
RE: Neelu Enterprises, Inc., a/b/a KB Builders
Appellant
V.
Ashok Agarwal and Asha Agarwal, husband and wife
787 MDA 2012
Trial Court Docket No: 11-5233
Dear David D. Buell:
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Enclosed please find a copy of the docket for the above appeal that was recently filed in the
Superior Court. Kindly review the information on this docket and notify this office in writing if you
believe any corrections are required.
Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517,
for completion and filing. Please note that Superior Court Dockets are available on the Internet at
the Web site address printed at the top of this page. Thank you.
Respectfully yours,
Milan K. Mrkobrad, Esq.
Deputy Prothonotary
Pennsylvania Judicial Center
P.O. Box 62435
601 Commonwealth Avenue, Suite 1600
Harrisburg, PA 17106-2435
(717) 772-1294
www. superior. court. state. Pa. us
/vsl
Enclosure
5:14 PIN.
Appeal Docket Sheet
Docket Number: 787 MDA 2012
Page 1 of 2
April 30, 2012
Neelu Enterprises, Inc., a/b/a KB Builders
Appellant
Superior Court of Pennsylvania
Secure
CAPTION
v.
Ashok Agarwal and Asha Agarwal, husband and wife
CASE:' INFORMATION
Initiating Document: Notice of Appeal
Case Status: Active
Case Processing Status: April 27, 2012 Awaiting Original Record
Journal Number:
Case Category: Civil Case Type(s): Civil Action Law
CONSOLIDATED CASES RELATED CASES
SCHEDULED VENT'
Next Event Type: Receive Docketing Statement Next Event Due Date: May 14, 2012
Next Event Type: Original Record Received Next Event Due Date: June 25, 2012
COUNSEL' INFORMATION
Appellant Neelu Enterprises, Inc., a/b/a KB Builders
Pro Se: No Appoint Counsel Status: Represented
IFP Status: No
Attorney: Gates, Lowell Rector
Bar No: 046779
Law Firm: Gates, Halbruner & Hatch, P.C.
Address: 1013 Mumma Rd Ste 100
Lemoyne; PA 17043
Phone No: (717) 731-9600 Fax No: (717) 731-9627
Receive Mail: Yes
Receive EMail: No
Appellee Agarwal, Ashok & Asha
Pro Se: No Appoint Counsel Status: Represented
IFP Status: No
Attorney: Kravitz, Andrew T.
Bar No: 080142
Address: Owens Barcavage & Mcinroy LLC
2595 Interstate Dr Ste 101
Harrisburg, PA 17110
Phone No: (717) 909-2500 Fax No:
Receive Mail: Yes
Receive EMail: No
5:14 PA.
Appeal Docket Sheet
Docket Number: 787 MDA 2012
Page 2 of 2
April 30, 2012
Superior Court of Pennsylvania
Secure
FEE INFORMATION
Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt
04/27/2012 Notice of Appeal 73.50 04/27/2012 2012-SPR-M-000417 73.50
AGENCY/TRIAL COURT INFORMATION
Court Below: Cumberland County Court of Common Pleas
County: Cumberland Division: Cumberland County Civil Division
Order Appealed From: March 27, 2012 Judicial District: 09
Documents Received: April 27, 2012 Notice of Appeal Filed: April 25, 2012
Order Type: Order Entered
OTN(s):
Lower Ct Docket No(s):11-5233
Lower Ct Judge(s): Hess, Kevin A.
President Judge
ORIGINAL RECORD CONTENT
Original Record Item Filed Date Content Description
Date of Remand of Record:
I3 FRfG SCla W, LE
None None
DOCKET ENTRY
Filed Date Docket Entry / Representing Participant Type Filed By
April 27, 2012 Notice of Appeal Docketed
Appellant Neelu Enterprises, Inc., a/b/a KB
Builders
April 30, 2012 Docketing Statement Exited (Civil)
Middle District Filing Office
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
Superior Court of PA
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of Pennsylvania
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
NEELU ENTERPRISES, INC d/b/a KB BUILDERS
Vs.
ASHOK AGARWAL and ASHA AGARWAL
2011-5233 CIVIL TERM
787 MDA 2012
The documents comprising the record have been numbered from No. 1 to 188, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 6/20/2012.
Davi e rothono
Alma Kostjerevac, Deput
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledging receipt of this record.
Date
Signature & Title
PYS511 Cumberland County Prothonotary's Office Page 1
Civil Case Print
2011-05233 NEELU ENTEic.PRISES INC ET AL (vs) AGARWAL ASHOK ET AL
Reference No..: Filed........: 6/23/2011
Case Type ..... : MECHANICS LIEN CLAIM Time........ 2:27
Judgment......: 96,000.00 Execution Date 0/00/0000
Judge Assigned: HESS KEVIN A Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 787 MDA 2012
Higher Crt 2.:
********************************************************************************
General Index Attorney Info
NEELU ENTERPRISES INC CLAIMANT GATES LOWELL R
435 PAWNEE DRIVE
MECHANICSBURG PA 17050
KB BUILDERS CLAIMANT GATES LOWELL R
435 PAWNEE DRIVE
MECHANICSBURG PA 17050
AGARWAL ASHOK OWNER
519 COBBLER COURT
MECHANICSBURG PA 17050
AGARWAL ASHA OWNER
519 COBBLER COURT
MECHANICSBURG PA 17050
********************************************************************************
Judgment Index Amount Date Desc
AGARWAL ASHOK 96,000.00 6/23/2011 MECHANICS CLAIM
AGARWAL ASHA 96,000.00 6/23/2011 MECHANICS CLAIM
********************************************************************************
* Date Entries
********************************************************************************
FIRST ENTRY - -
-/g6/23/2011 MECHANICS LIEN CLAIM IN THE AMOUNT OF $ 96,000.00 BY KASH BATRA
-------------------------------------------------------------------
.20 7/11/2011 SHERIFF'S RETURN - 07/07/11 - SERVED MECHANICS LIEN CLAIM UPON
ASHOK AND ASHA AGARWAL AT 2212 EAGLESMOORE LANE ENOLA PA 17025
SHERIFF'S COSTS: $43.44
-------------------------------------------------------------------
21-44 9/23/2011 PRELIMINARY OBJECTIONS TO CLAIMANT'S MECHANICS LIEN CLAIM PURSUANT
TO 49 PS 1505 - BY ANDREW T KRAVITZ ATTY FOR OWNERS
-------------------------------------------------------------------
0 511/28/2011 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS -
BY ANDREW T KRAVITZ ATTY FOR DEF
-------------------------------------------------------------------
q6-147 12/12/2011 CRAIMANTSFOR ENTRY OF APPEARANCE - BY LOWELL R GATES ATTY FOR
-------------------------------------------------------------------
qg-8012/12/2011 CLAIMANTS RESPONSE IN OPPOSITION TO OWNERS PRELIMINARY OBJECTIONS
TO CLAIMANTS MECHANICS LIEN CLAIM - BY LOWELL R GATES ATTY FOR
CLAIMANTS
-------------------------------------------------------------------
11-10112/13/2011 COMPLAINT - BY LOWELL R GATES ATTY FOR PLFF
-------------------------------------------------------------------
10 3-107 2/08/2012 CLAIMANT''SSDMEORDER - CHANICS2LIEN2CL- IN RE: AIM - HEARINGPRELIMINARY FORB2/29/125 @ T3:00
PM IN CR 4 CUMB CO COURTHOUSE - BY THE COURT KEVIN A HESS PJ
COPIES MAILED 2/8/12
-------------------------------------------------------------------
3/27/2012 PRELIMINAR Y Y OORDER - BJECTIONS TO THE WITHIN CLAIM ARE MECHANIC'S SULIEN STAINED CLAIM AND
MECHANIC'S LIEN CLAIM FILED BY NEELU ENTERPRISES INC D/B/A KB
BUILDERS FILED ON OR ABOUT 6/23/11 IS DISMISSED - BY THE COURT
KEVIN A HESS PJ COPIES MAILED 3/27/12
-------------------------------------------------------------------
"2 -/204/25/2012 NPOTICE OF APPEAL TO SUPERIOR COURT - BY LOWELL R GATES ATTY FOR
-------------------------------------------------------------------
113 4/25/2012 REQUEST FOR TRANSCRIPT - BY LOWELL R GATES ATTY FOR PLFF
PYS511 Cumberland County Prothonotary's Office Page
Civil Case Print
2011-05233 NEELU ENTEE,,.?RISES INC ET AL (vs) AGARWAi, ASHOK ET AL
Reference No..: Filed........: 6/23/2011
Case Type ..... : MECHANICS LIEN CLAIM Time........ 2:27
Judgment......: 96,000.00 Execution Date 0/00/0000
Judge Assigned: HESS KEVIN A Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ------------- Higher Crt 1.: 787 MDA 2012
Higher Crt 2.:
-------------------------------------------------------------------
/!4/25/2012 CERTIFICATE OF SERVICE - NOTICE OF APPEAL & REQUEST FOR
TRANSCRIPT - BY LOWELL R GATES ATTY FOR PLFF
--------------------------------------------------------------
111-0 3 5/02/2012 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 787 MDA 2012
-----------------------------------
--------------------------------
1.tq-181 5/17/2012 TRANSCRIPT OF PROCEEDINGS - 2/29/12 BEFORE KEVIN A HESS PJ
-------------------------------------------------------------------
6/20/2012 NOTICE OF DOCKET ENTRIES MAILED TO LOWELL R GATES ESQ AND ANDREW T
KRAVITZ ESQ
I$$ A A.5e - LAST ENTRY - - - - - - - - - - - - -
********************************************************************************
* Escrow Information
* Fees & Debits Beg Bal Py*mts/Ad End Bal
******************************** ******** ****** *******************************
MECH LIEN CLAIM 14.00 14.00 .00
AUTOMATION FEE 5.00 5.00 .00
APPEAL HIGH CT 57.00 57.00 .00
------------------------ ------------
76.00 76.00 .00
********************************************************************************
* End of Case Information
********************************************************************************
TRUE COPY FROM RECORD
to Testimony whereof.l here unto set my hand
and theg?1 of said Court at c X120 a
This ?3GvdaY Of
Prothonotary
Commonwealth of Pennsylvania
'
Counts= of Cumberland Sti:
1, David D. Buell , Prothonotarv
of the Court of Common Pleas in and for said
Countv, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
NEELU ENTERPRISES, INC d/b/a KB BUILDERS
Plaintiff, and ASHOK AGARWAL and
ASHA AGARWAL
In TESTIMONY WHEREOF, 1 have hereunto
this 20th
Defendant, as the same remains of record
before the said Court at No. 2011-5233 of
Civil Term.
set my hand and affixed the seal of said Court
day of -1 Jun ,1 A, D., 2012
ProthonoUir?
1, Kevin A. Hess President Judge of the Ninth
Judicial District, composed of the County of Cumberland, do certify that
David D. Buell , by whom the annexed record, certificate and
attestation were made and given. and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Cornrnon Pleas of said Countv, was, at the time of so doing and now is
Prothonotarv in and for said County of' Cumberland in
the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
arid credit are and ought to be given as well in Courts of,rudicature as elsewhere, and th/L the said record,
certificate and attestation are in due form of law and made by thoper officer.
Commonwealth of Pennsylvania
Countv of' Cumberland ss:
President .rudgc
i, David D. Buell , Prothonotarv of the Court of Common Pleas in
and for the said County, do certify that the Honorable Kevin A. Hess
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be riven, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
20th v Of June A, D. 2012
Pr« thonotzm
No, Term 19
2011-5233 CIVIL TERM
°' 787 MDA 2012 Civil Term
NEELU ENTERPRISES, INC d/b/a
KB BUILDERS
Versus
ASHOK AGARWAL and ASHA
AGARWAL
EXEMPLIFIED RECORD
Cumberland
From County
Debt, . . $ Int.
from
Costs
Entered and Filed
Prothonotarv.
Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
Cumberland
county in the Commonwealth of Pennsylvania
2011-5233 CIVIL TERM
to No. 787 MDA 2012 Term. 19 is contained the following:
COPY OF - Appearance DOCKET ENTRY
NEELU ENTERPRISES, INC d/b/a KB BUILDERS
vs.
ASHOK AGARWAL and ASHA AGARWAL
**SEE CERTIFIED COPY OF DOCKET ENTERIES**
CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C)
Superior Court of PA
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
Superior Court of Pennsylvania
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
NEELU ENTERPRISES, INC d/b/a KB BUILDERS
Vs.
ASHOK AGARWAL and ASHA AGARWAL
2011-5233 CIVIL TERM
787 MDA 2012
The documents comprising the record have been numbered from No. 1 to 188, and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable definiteness, including Aith respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 6/20/2012.
Alma Kostjerevac,
An additional copy of this certificate is enclosed Please sign and date copy, thereby
acknowledaing receipt of this record.
Rec??
Date atnSuPe
,UN 2 5 02
H11DDI-e
SignatqNt* 1
M1DOW