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GEORGE K. MOY AND CAROL ROSEN MOY v. SCHREIBER DEED SECURITY CO. (01/15/88)

filed: January 15, 1988.

GEORGE K. MOY AND CAROL ROSEN MOY, HIS WIFE ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
SCHREIBER DEED SECURITY CO., A PENNSYLVANIA CORPORATION, AND MARVIN SCHREIBER, AN INDIVIDUAL, APPELLEES



Appeal from the Judgment of the Court of Common Pleas of Allegheny County, Civil at No. GD 87-01767.

COUNSEL

Barbara Cymerman, Pittsburgh, for appellants.

James A. Buddie, Pittsburgh, for Schreiber, appellee.

Wieand, Montemuro and Popovich, JJ.

Author: Montemuro

[ 370 Pa. Super. Page 98]

This appeal concerns a class action which was originally filed on February 3, 1987, by the appellants, George K. Moy and Carol Rosen Moy. Appellants named as defendants the Schreiber Deed Security Co. (S.D.S.C.), a Pennsylvania corporation, and Marvin Schreiber, president of S.D.S.C. In their complaint, appellants averred that S.D.S.C. had charged them the following fees in conjunction with a residential house closing:

1101. Settlement or closing fee to Chreiber [sic] Deed Security Company . . . $50.00

1108. Title insurance to Chreiber [sic] Deed Security Company . . . $633.00

[ 370 Pa. Super. Page 991112]

. Disbursement Char Chreiber [sic] Deed Security Company . . . $10.00

R.R. at 5a. Appellants averred that the ten ($10.00) dollar disbursement fee had not been included in the estimate of their closing costs. R.R. at 6a. Appellants further averred that S.D.S.C. had violated a provision of the Title Insurance Companies Act, 40 Pa.S.A. § 910-1(5), by charging a settlement fee and a disbursement fee in addition to a flat fee for title insurance.*fn1 Appellants also asserted a cause of action under The Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa.S.A. § 201-1 to 201-9.2, on the grounds that S.D.S.C.'s policy of charging purchasers of title insurance a settlement fee and a disbursement fee was violative of the Title Insurance Companies Act and the Unfair Insurance Practices Act*fn2 and was, therefore, an unfair and deceptive trade practice.*fn3 R.R. at 12a.

Appellants' complaint contained the ...


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