Bell v. Beneficial Consumer Discount Co.

SPAETH, Judge:

This case is before us on remand from the Supreme Court to decide whether appellants have met the minimum requirements for maintaining a class action.

Appellants brought a class action pursuant to Pa.R.Civ. P. 2230, alleging that appellee had failed to record the satisfaction of mortgages as required by statute, and that it was therefore liable to pay the statutory penalty. 1 Appellee, contending that the action was not a proper class action, filed preliminary objections under Pa.R.Civ. P. 1017(b) (5). The lower court sustained the objections, dismissing the class aspects of the…