Roethlein v. Portnoff Law Associates, Ltd.

81 A.3d 816, 623 Pa. 1, 2013 WL 6096757, 2013 Pa. LEXIS 2795
CourtSupreme Court of Pennsylvania
DecidedNovember 20, 2013
StatusPublished
Cited by88 cases

This text of 81 A.3d 816 (Roethlein v. Portnoff Law Associates, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roethlein v. Portnoff Law Associates, Ltd., 81 A.3d 816, 623 Pa. 1, 2013 WL 6096757, 2013 Pa. LEXIS 2795 (Pa. 2013).

Opinion

OPINION

Justice TODD.

In the instant case, we consider whether Pennsylvania’s Loan Interest and Protection Law (“Act 6” or “the Act”)1 provides taxpayers with a cause of action to challenge costs imposed for the collection of delinquent taxes or to seek damages and attorneys’ fees for improperly-imposed costs. We also consider whether Section 7103 of the Municipal Claims and Tax Liens Act (“MCTLA”)2 authorizes a mu[818]*818nicipality to recover the administrative costs it incurs in collecting delinquent taxes. For the reasons that follow, we hold that Act 6 does not provide a cause of action for claims which do not involve the loan or use of money. We further conclude Section 7103 of the MCTLA allows a municipality to recover fees it pays to a third-party tax collector for the purpose of collecting delinquent taxes. In light of our conclusions, we reverse the decision of the Commonwealth Court, and remand the matter to the Commonwealth Court for further proceedings consistent with this opinion.

Portnoff Law Associates, Ltd., and Michelle Portnoff, Esquire, the sole shareholder thereof (hereinafter “Port-noff’), serves as a private tax collector for various municipalities and school districts (collectively, “municipalities”) in the Commonwealth pursuant to the MCTLA. According to the trial court’s findings of fact, between November 2000 and November 2002, Portnoff had contracts with 22 municipalities to represent them in the collection of delinquent real estate taxes. The contracts, which were prepared by Port-noff and submitted to the municipalities for execution, provided that Portnoff would be compensated for her collections by charging her legal fees to the delinquent taxpayer. Specifically, taxpayers would be charged $150 for the opening of a file and preparation of a demand letter; $150 for the filing of a lien and preparation of a second letter; and $150 for preparation and filing of a writ of scire facias,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Hardy, W., Aplt
Supreme Court of Pennsylvania, 2025
Robins, J. v. Robins, T.
2025 Pa. Super. 108 (Superior Court of Pennsylvania, 2025)
In Re: Estate of W. Herold; Apl of: Univ of Pgh.
Supreme Court of Pennsylvania, 2025
Wilmington Savings Fund v. Suarez, P.
Superior Court of Pennsylvania, 2024
C. Toland v. PBPP
Commonwealth Court of Pennsylvania, 2024
Chester County Office of the Coroner v. T. Keel
Commonwealth Court of Pennsylvania, 2023
Foster Twp. v. F.B. Rahman
Commonwealth Court of Pennsylvania, 2023
Klar, D., Aplt. v. Dairy Farmers of America
Supreme Court of Pennsylvania, 2023
A. Tongg Weiler v. Stroud Twp. ZHB & Stroud Twp.
Commonwealth Court of Pennsylvania, 2023
Allegheny County v. B. Hailer and Pittsburgh Current
Commonwealth Court of Pennsylvania, 2023

Cite This Page — Counsel Stack

Bluebook (online)
81 A.3d 816, 623 Pa. 1, 2013 WL 6096757, 2013 Pa. LEXIS 2795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roethlein-v-portnoff-law-associates-ltd-pa-2013.