Court Certifies Class of Purchasers of Title Insurance From Commonwealth Land Title Insurance Company in Pennsylvania From July 25, 2000 Through August 1, 2005

PHILADELPHIA, April 6 /PRNewswire/ -- The following release was issued today by Chimicles & Tikellis LLP:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SUMMARY NOTICE OF PENDENCY OF CLASS ACTION

TO: All persons or entities who, from July 25, 2000 until August 1, 2005, paid premiums for the purchase of title insurance from Defendant Commonwealth Land Title Insurance Company, in connection with a refinance of a mortgage or fee interest with respect to real property located in Pennsylvania that was insured by a prior title insurance policy within ten years of the refinance transaction, and were not charged the applicable Reissue Rate or Refinance Rate discount for title insurance on file with the Pennsylvania Insurance Commissioner.

PLEASE TAKE NOTICE:

PURSUANT TO AN ORDER issued by the Honorable Eduardo C. Robreno of the United States District Court for the Eastern District of Pennsylvania, you are advised of the existence of the above entitled class action lawsuit.  On January 31, 2008, the Court directed that this case proceed as a class action under Federal Rule of Civil Procedure 23, and that this notice be published.  If you are a member of the Class described above, your rights are being determined in this case.

BACKGROUND

A.D. Alberton and Mark C. Kessler have sued Commonwealth Land Title Insurance Company (Commonwealth Title or Defendant), alleging that Commonwealth Title did not provide Pennsylvania consumers with discounted title insurance premiums for title insurance policies insuring real property which had been insured by a prior title insurance policy within ten years of a refinancing transaction.  The Court has not decided whether Commonwealth Title did anything wrong and Commonwealth Title maintains it charged the proper rates.

THE PROPOSED CLASS

The Court has certified this case to proceed as a Class Action and has certified two subclasses:  (1) Subclass A consists of all Class members whose purchase of title insurance from Commonwealth Title was made within three years of the date of the prior purchase of title insurance; and (2) Subclass B consists of all Class members whose purchase of title insurance from Commonwealth Title was made more than three years but within ten years of the date of the prior purchase of title insurance.  

If you fall within the definition of either subclass, you will be a Class member.  YOU DO NOT NEED TO TAKE ANY ACTION IN ORDER TO REMAIN IN THE CLASS.  Being a Class member means that, if a judgment award is issued by the Court or a settlement is approved by the Court, you may have the right to participate in the judgment or settlement and become eligible for the judgment or settlement benefits.

The Court has certified Plaintiffs A.D. Alberton and Mark C. Kessler as Class Representatives.  The Court has certified Steven A. Schwartz of Chimicles & Tikellis, LLP and Donald L. Perelman of Fine Kaplan and Black, R.P.C., as Lead Class Counsel.

YOUR RIGHTS AS A CLASS MEMBER

If you are a member of the Class under the definition provided above, and you wish to remain a member of the Class and participate in the lawsuit as a Class member, you need not respond to this notice or take any action.  You may enter an appearance through counsel if you so desire.  If a judgment is entered against the Defendant or a settlement is approved by the Court between the parties, you will be advised.  If you are a Class member and do not opt out, you will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. If you are a member of the Class but do not wish to remain a member of the Class, and do not wish to participate in the lawsuit, you must opt-out by May 24, 2010 by mailing a written request for exclusion to:  

If no written request for exclusion from the Class is received by the date indicated above, and you are a member of the Class, you will remain included in the Class.  Any questions you have concerning this case should be directed to Lead Class Counsel.

OTHER MATTERS

This Notice does not fully describe all of the claims and defenses of the lawsuit.  You may, of course, seek the advice and guidance of your own attorney if you desire.  For further information, you may review all of the pleadings and other documents filed in this case at the Office of the Clerk, United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, Pennsylvania set forth above.  You may also review a more detailed description of the litigation and your rights as a class member at www.gardencitygroup.com.

DO NOT CONTACT THE CLERK, THE JUDGE OR THE DEFENDANT WITH ANY QUESTIONS ABOUT THIS CASE.

Michael E. Kunz, Clerk of the Court

SOURCE Chimicles & Tikellis LLP

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