Appeal of Emerick 74 Pa. Commw. 106

Opinion by

President Judge Crumlish, Jr.,

Charles and Genevieve Emerick appeal a Dauphin County Common Pleas order which denied their petition for class certification. We affirm.

The Emericks seek to certify a class action challenge to the Dauphin County Board of Assessment’s-method of valuing real property and the assessment ratio used to compute real estate taxes. They contend that the County’s failure to answer their petition entitles them to certification. We find this contention without merit.1

Well-pleaded class action allegations, if admitted by the class opponent, may be considered as evidence at the class certification hearing .... The prima facie showing shifts to the class op*108ponent the burden of coming forward with contrary evidence .... If there is an actual conflict on an essential fact, the class proponent bears the risk of non-persuasion.

Janicik v. Prudential Insurance Co. of America, Pa. Superior Ct. , , 451 A.2d 451, 455-56 (1982) (citations omitted).

We affirm on the basis of the opinion of Caldwell, J.,2 Pa. D. & C.3rd (1981).

Affirmed.

Order

The order of the Dauphin County Court of Common Pleas, No. 5644 S 1979, dated May 7,1981, is hereby affirmed.