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Arkadiusz Piotr Pozarlik and Agnieszka Zofia Pozarlik v. Camelback Associates

March 7, 2012

ARKADIUSZ PIOTR POZARLIK AND AGNIESZKA ZOFIA POZARLIK, PLAINTIFFS,
v.
CAMELBACK ASSOCIATES, INC. T/D/B/A THE VILLAGE AT CAMELBACK; THE VILLAGE AT CAMELBACK PROPERTY OWNERS ASSOCIATION, INC.; KATHLEEN SIMONCIC; QUEENSBORO FLOORING P.A. CORPORATION, QUEENSBORO PROFESSIONAL WOOD FLOORING, LLC; TOMAS KORYTKOWSKI; BELLA CHERNOV, AND JOHN DOE NOS. 1-6 DEFENDANTS.



The opinion of the court was delivered by: Judge Caputo

MEMORANDUM

Defendants, The Village at Camelback Property Owners Association, Inc. and property manager, Kathleen Simoncic (collectively "Defendants"), move for a more definite statement of Plaintiffs Arkadiusz and Agnieszka Pozarlik's (collectively "Plaintiffs") Second Amended Complaint under Federal Rule of Civil Procedure 12(e) or to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6). (Doc 17.) Defendants assert that the amended complaint lacks sufficient detail to permit Defendants to answer the complaint in good faith. Alternatively, Defendants argue that Plaintiffs' claim for negligence fails to state a claim for which relief can be granted. Because Plaintiffs' Second Amended Complaint is sufficiently specific and adequately states a claim for negligence against Defendants, Defendants' motion will be denied.

BACKGROUND

The Pozarliks' allege as follows: This suit arises out of a tragic fire that occurred during a home remodeling. The Village at Camelback Property Owners Association, Inc. is a non-profit corporation incorporated in the Commonwealth of Pennsylvania. At all times relevant to this action, Kathleen Simoncic was the property manager hired by the Property Owners Association. Ms. Simoncic's responsibilities included caring and maintaining all of the dwelling units, common areas, and road within the community.

In the summer of 2009, work was being performed in Unit 298 by Queensboro Flooring P.A. Corp. and/or Queensboro Professional Wood Flooring, LLC. Plaintiff Arkadiusz Pozarlik was hired by the Queensboro companies to sand, clean, and refinish the floor in Unit 298, which is owned by Defendant Bella Chernov. On July 22, 2009, Queensboro removed a heater in the unit from the pipe to which it was attached without properly securing the propane gas or gas line. That same day, there was an explosion and fire in the unit. Mr. Pozarlik, who was inside Unit 298 working on the floors at the time, was seriously injured.

In their complaint against The Village at Camelback Property Owners Association and Ms. Simoncic, the Pozarliks assert that Defendants "were responsible for taking all steps necessary to ensure the health and safety of all owners and/or residents of The Village at Camelback and all business invitees and others lawfully on the premises." (Pl. Sec. Am. Compl. ¶ 44. (Doc. 14).) According to Plaintiffs, "Section 3302(a) of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. § 3302(a), confers broad powers on the condominium units owners' association, including the power to regulate the use, maintenance, repair and modification of residential units." Id. at ¶ 38. Plaintiffs assert that the Property Owners Association "enjoyed all of the powers conferred upon a condominium unit owners' association by Section 3302(a) of the Pennsylvania Uniform Condominium Act." Id. at ¶ 39. Plaintiffs further assert that "the Declaration provides that maintenance and repairs to dwelling units are the responsibility of the Property Owners Association and its designated Management Agent." Id. at ¶ 40.

Plaintiffs allege that Defendants' negligent acts, include, inter alia:

(a) permitting unqualified workmen to perform repairs, alterations, remodeling, and/or renovation to be performed to Unit 298;

(b) failing to prescribe the manner in which repairs, alterations, remodeling and/or renovation to be performed to Unit 298;

(c) failing to supervise and monitor the performance of repairs, alterations, remodeling and/or renovation to be performed to Unit 298;

(d) failure to enforce rules and regulations regarding storage and use of flammable materials;

(e) failure to remove from the premises incompetent workers which it know or should have known presented a danger to themselves, the dwelling units, and the residents of the Village;

(f) failure to ensure that Unit 298 was equipped with a functioning sprinkler system;

(g) failure to ensure that Unit 298 had a functioning smoke ...


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