Pettyjohn v. Selig

40 Pa. D. & C.3d 417, 1983 Pa. Dist. & Cnty. Dec. LEXIS 22
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMarch 11, 1983
Docketno. 3305
StatusPublished

This text of 40 Pa. D. & C.3d 417 (Pettyjohn v. Selig) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pettyjohn v. Selig, 40 Pa. D. & C.3d 417, 1983 Pa. Dist. & Cnty. Dec. LEXIS 22 (Pa. Super. Ct. 1983).

Opinion

CAESAR, J.,

This is a consumer class action seeking declaratory, injunctive and monetary relief under the state’s Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et seq., and under two federal consumer protection statutes, the Truth-in-Lending Act, 15 U.S.C. §1601 et seq., and the Equal Credit Opportunity Act, 15 U.S.C. §1691 et seq. The suit challenges the business practices of defendant Milton E. Selig and of his two alleged corporate alter-egos, The Selig Foundation, Inc., and Colonial Securities Corporation, which plaintiffs claim were used by him to perpetuate alleged illegalities.

Plaintiffs’ complaint alleges in great detail a scheme whereby defendants who own more than 100 slum properties in the City of Philadelphia have induced this class of low-income individuals to pay [419]*419them rent and to improve and maintain the properties at their own expense through a pattern of fraudulent, unfair and deceptive practices. Plaintiff alleges that these practices are designed to convince class members that they are buying the properties while defendants retain the unilateral power to evict them at any time.

Pleadings are closed, a motion for certification as a class action under Pa.R.C.P. 1707(a) has been filed and discovery with respect to class action issues pursuant to Pa.R.C.P. 1707(b) has been completed. The motion for certification has been thoroughly briefed and argued orally to the court and now [is] ripe for disposition. On consideration of the pleadings, answers to interrogatories, depositions, affidavits filed in support of motions, etc., the court makés findings of fact and conclusions of law as follows.

FINDINGS OF FACT

1. Defendants purchased over 200 properties from Housing and Urban Development in order to provide housing for low-income individuals in Philadelphia.

2. Defendants have sold or donated almost one-half of these properties.

3. Presently, defendants collectively own approximately 100 properties, of which approximately 25 are vacant.

4. The representative parties will fairly and adequately assert and protect the interests of the class under the criteria set forth in Pa.R.C.P. 1709.

5. The attorneys for the representative parties will adequately represent the interests of the class.

6. The representative parties have or can acquire adequate financial resources to assure that the interests of the class will not be harmed.

[420]*420CONCLUSIONS OF LAW

1. The class is sufficiently numerous that joinder of all members is impractical.

2. There are questions of law and fact common to the class.

3. Common questions of law or fact predominate over any question affécting only individual members.

4. In view of the complexities of the issues and the expenses of litigation, the separate claims of individual class members are insufficient in amount to support separate actions.

5. The claims of the representative parties are typical of the claims of the class.

6. The class action provides a fair and efficient method for adjudication of the controversy.

7. There are no difficulties in the management of this action which would preclude litigation as a class action.

8. The amount which may be recovered by individual class members is not likely to be so small in relation to the expense and effort of administering the action as to render a class action unjustifiable.

9. The particular forum is appropriate for the litigation of the claims of the entire class.

10. The representative parties have no conflict of interest in maintaining the class action.

11. The facts and law bearing on the issue of liability are so nearly common to all claimants as to require all claimants to constitute a single class for determination in a trial restricted to liability.

12. The damage claims of individual claimants vary sufficiently as to require that they be grouped in subclasses for determination of damages.

13. The liability and damages issues are appropriately tried in a single class action.

[421]*421DISCUSSION

Rule 1702 of the Pennsylvania Rules of Civil Procedure states the prerequisites to 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 is impracticable;'

“(2) there are questions of law or fact common to the class;

' “(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class;

“(4) the representative parties will fairly and adequately assert and protect the interests of the class under the criteria set forth in Rule 1709; and

“(5) a class action provides a fair and efficient method for adjudiction of the controversy under the criteria set forth in Rule 1708.”

1. NUMEROSITY

Plaintiff purports to represent a class of Philadelphia residents who, on or after February 19, 1975, entered into residential real estate agreements (including leases, agreements of sale, land installment sales agreements and purchase money mortgages) with defendants Milton E. Selig, Colonial Securities Corp. and/or The Selig Foundation, Inc., for the purpose of acquiring a home for themselves. In determining numerosity, the court should examine “whether the number of potential individual plaintiffs would pose a grave imposition on the resources of the court and an unnecessary drain on the energies and resources of the litigants,” Janicik v. The Prudential Ins. Co. of America, 305 Pa. Super. 120, 451 A.2d 451 (1982). The class representative does [422]*422not have to plead or prove the exact number of class members, so long as he can define the class with some precision and provides the court with sufficient indicia that more members exist than it would be practicable to join. Id. at 456. In the instant case, the testimony is that defendants originally purchased over 200 Housing and Urban Development properties and presently own approximately 100 properties. The class is sufficiently numerous to warrant trial as a class action.

2. COMMON QUESTIONS OF LAW OR FACT

Common questions will generally exist if the class members’ legal grievances arise out of the “same practice or course of conduct” as the conduct complained of by the representative party. Ablin, Inc. v. Bell Telephone Co. of Penna., 291 Pa. Super. 40, 435 A.2d 208, 213 (1981).

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Related

Ablin, Inc. v. Bell Tel. Co. of Pa.
435 A.2d 208 (Superior Court of Pennsylvania, 1981)
Janicik v. Prudential Insurance Co. of America
451 A.2d 451 (Superior Court of Pennsylvania, 1982)
LUITWEILER v. Northchester Corp.
319 A.2d 899 (Supreme Court of Pennsylvania, 1974)

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Bluebook (online)
40 Pa. D. & C.3d 417, 1983 Pa. Dist. & Cnty. Dec. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettyjohn-v-selig-pactcomplphilad-1983.