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Pentlong Corp. v. GLS Capital, Inc.

Order dismissing delinquent taxpayers' class action suit affirmed in part and reversed in part; order vacated on the issue of the amount of interest defendant could collect; order reversed as to court's grant of attorneys' fees; order vacated for a factual finding on the nature of each cost charged to the taxpayers; order affirmed with respect to defendant's lack of responsibility for costs associated with taxpayers' form of payment.

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ARGUED May 9, 2001

Pentlong Corporation (Pentlong) and Weitzel, Inc. (Weitzel), both Pennsylvania corporations, individually and on behalf of themselves and all others similarly situated (collectively, Delinquent Taxpayers) appeal from an order of the Court of Common Pleas of Allegheny County (trial court) dismissing with prejudice their class action complaint against GLS Capital, Inc., a Virginia corporation (GLS).

This case emanates from a Purchase and Servicing Agreement that was entered into between the County of Allegheny (the County) *fn1 and GLS on September 29, 1997, in which the County assigned all of its rights, title and interest to over 125,000 property tax liens it had filed through the 1995 tax year to GLS in consideration of approximately $35 million. *fn2 The County later assigned the 1996 matching liens for the same properties for an additional amount in excess of $2.5 million.*fn3 In collecting on the delinquent taxes, GLS required that the taxpayer pay, by certified or cashier’s check, the full face amount of the tax, penalties and interest, attorney’s fees, lien filing fees, lien satisfaction fees, lien assignment fees and lien revival fees. The accrued interest as determined by GLS included interest for the entire month in which payment in full was made regardless of the day within the month that the taxes were paid in full.

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