No. 1738 Philadelphia 1983, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division at No. 2456 April 1980.
Theodore Clattenburg, Jr., Philadelphia, for appellants.
Robert W. Maris, Philadelphia, for appellees.
McEwen, Del Sole and Popovich, JJ.
[ 336 Pa. Super. Page 480]
This is an appeal from the June 8, 1983 Order of the Court of Common Pleas of Philadelphia County denying appellants' Motion for Class Certification. We affirm.
Appellants, Christina Cribb, Carolyn Battle, Veronica Ricks and John Watkins, filed a class action complaint in equity against appellees, United Health Clubs, Inc. ("United") and National Credit Corp. ("National"). United operates health spa facilities and National serves as United's collection agency for spa memberships purchased on credit terms. The Complaint contained three counts alleging: 1)
[ 336 Pa. Super. Page 481]
violation of the Federal Truth-In-Lending Act and Regulations; 2) violation of the Pennsylvania Goods and Services Installment Sales Act (GSISA) and, the Pennsylvania Usury Law; and 3) violations of the Pennsylvania Unfair Trade Practices Act. After a hearing on the issue of class certification, the trial court issued an order denying such and this appeal followed.
A decision concerning class certification is a mixed finding of law and fact. The trial court's order in such cases will not be disturbed on appeal unless there was a failure to consider the requirements for certification or an abuse of discretion. ABC Sewer Cleaning Co. v. Bell of Pennsylvania, 293 Pa. Super. 219, 438 A.2d 616 (1981).
There are five prerequisites to maintaining a class action. One or more members of a class may sue or be sued as representative parties on behalf of all members in a class action only if
(1) the class is so numerous that joinder of all members ...