[Ord. 2211, 12/11/2006, § 1; as amended by Ord.
2288, 4/12/2010]
The Ross Township Solicitor and/or service designated by resolution
of the Board of Commissioners are hereby authorized to pursue the
enforced collection of Ross Township revenues.
[Ord. 2211, 12/11/2006, § 2]
Ross Township hereby adopts Exhibit A[1] establishing a schedule of reasonable attorney fees in
accordance with Act 1 of 1996 and a schedule of other charges, expenses
and fees in accordance with the Municipal Claim and Tax Lien Law,
53 P.S. § 7106, and taxing authority.
[1]
Editor's Note: Exhibit A is on file in the Township offices.
[Ord. 2211, 12/11/2006, § 3; as amended by Ord.
2288, 4/12/2010]
Ross Township hereby authorizes its Solicitor and/or designated
service to charge and collect such fees set forth on Exhibit "A" attached
hereto. The Ross Township Solicitor and/or designated service by resolution
are hereby authorized to bring appropriate collection proceedings
by and on behalf of Ross Township in the name of Ross Township in
both state and federal courts including, but not being limited to,
notice, correspondence, agreements, claims, liens, pleadings, motions
and petition in both in rem and in personam proceedings pursuant to
applicable laws.
[Ord. 2211, 12/11/2006, § 4; as amended by Ord.
2288, 4/12/2010]
In pursuing collection through in personam proceedings and in
accordance with the Local Tax Collection Law, 72 P.S. § 5511.1
et seq., the Ross Township Solicitor and/or designated service are
authorized to collect and retrieve from defendant(s) in each judgment
obtained the statutorily authorized additional penalty and is further
authorized to retain such additional penalties as compensation for
legal services in connection with such proceedings.
[Ord. 2211, 12/11/2006, § 5; as amended by Ord.
2288, 4/12/2010]
The Ross Township Solicitor and/or designated service are authorized
to execute any and all tax and municipal claims, bankruptcy claims,
liens, satisfactions, revivals, pleadings, correspondence, notices
and any other documents relating to the collection of Ross Township
revenues, in the name of and on behalf of Ross Township as Ross Township
Solicitor and/or designated service for Ross Township in matters relating
solely to the collection of Ross Township revenues in any applicable
local, state, or federal department, office, or court.
[Ord. 2211, 12/11/2006, § 6; as amended by Ord.
2288, 4/12/2010]
Ross Township shall provide assistance and cooperate with its
Solicitor and/or designated service in all reasonable ways in adopting
relevant resolutions and ordinances and any and all amendments to
existing resolution or ordinances as requested by its Solicitor and/or
designated service relating to the collection of Ross Township revenues.
[Ord. 2211, 12/11/2006, § 7; as amended by Ord.
2288, 4/12/2010]
The Ross Township Solicitor and/or designated service shall
advance all applicable costs imposed by the Prothonotary, Sheriff,
and any other relevant local, state, or federal agency in connection
with the collection of Ross Township's revenues, subject to reimbursement
of such advanced costs by Ross Township on a monthly basis and thereafter
subject to reimbursement to Ross Township after collection by said
designated service and/or its Solicitor.
[Ord. 2211, 12/11/2006, § 8; as amended by Ord.
2288, 4/12/2010]
All attorney fees collected in accordance with Act 1 of 1996,
53 P.S. § 7106, and in connection with the filing of any
and all of Ross Township's claims and liens shall serve solely and
exclusively as compensation of its Solicitor and to reimburse designated
service for its actual expenses incurred in connection with maintaining
its in-house legal staff for pursuing Ross Township's enforcement
proceedings. In no event shall designated service profit in any way
from the collection of reasonable attorney fees recovered in connection
with any collection proceeding.
[Ord. 2211, 12/11/2006, § 9; as amended by Ord.
2288, 4/12/2010]
All charges, expenses, and fees adopted by Ross Township in
Exhibit "A" shall be included as part of the revenue collected and
shall be recovered and retained by said designated service as compensation
to said designated service for services provided to Ross Township.
[Ord. 2211, 12/11/2006, § 10; as amended by Ord.
2288, 4/12/2010]
Ross Township shall not unreasonably object to any further request
by designated service and/or its Solicitor to seek a judicial compromise
of any tax or municipal claim or lien or to pursue any reduction of
the upset price at Sheriff's sale of any property subject to such
tax or municipal claim or lien if it is determined that the value
of said property subject to each tax or municipal claim or lien is
exceeded by the upset price at Sheriff's sale. In such event, designated
service shall be entitled to reimbursement of all costs, charges,
expenses, and fees; and the Solicitor shall be entitled to reimbursement
of reasonable attorney fees concerning the sale of such property prior
to any distribution of costs advanced, tax or municipal claims or
liens to Ross Township. Any subsequent distribution of tax or municipal
claim or liens under such circumstances shall be made in strict compliance
with the laws of the Commonwealth of Pennsylvania and paid according
to each tax or municipal claim or lien's priority in any such sale
brought pursuant to § 7281 of the Municipal Claim and Tax
Lien Law, 53 P.S. § 7281, after payment of the costs and
expenses of sale.
[Ord. 2211, 12/11/2006, § 11; as amended by Ord.
2288, 4/12/2010]
Ross Township authorizes its Solicitor and/or designated service
to exercise all of Ross Township's right as a creditor pursuant to
applicable provisions of local, state, and federal law including pursuing
collection in response to third-party action which might affect Ross
Township's revenues.
[Ord. 2211, 12/11/2006, § 12; as amended by Ord.
2288, 4/12/2010]
Payments received by the Solicitor and/or designated service
in connection with the collection of Ross Township's revenues shall
first be applied to attorney fees and then to costs, charges, expenses,
and fees advanced or otherwise due and owing. Partial payments shall
be applied to attorney fees first and then to costs, fees, charges,
and expenses before being applied to Ross Township's revenues. Partial
payments received which are insufficient to pay an entire year's tax,
municipal claim, service charge, or other of Ross Township's revenues,
shall be held on account and shall not be applied to payment of any
portion of a year's revenue amount until such time as sufficient sums
are received by designated service to pay the year's revenue item
in full. Interest or interest and penalties, as the case may be, will
continue to accrue on the entire year's revenue item upon which partial
payment has been received until such time as payment of the total
amount necessary to satisfy the year's revenue item is paid, unless
specifically provided by law to the contrary.
[Ord. 2211, 12/11/2006, § 13; as amended by Ord.
2288, 4/12/2010]
The Solicitor and/or designated service shall act as agent for
Ross Township in collection of Ross Township's revenues as provided
herein and as provided in any other agreement between designated service
and Ross Township. Ross Township shall adopt or amend appropriate
ordinances and/or resolutions and shall approve and execute appropriate
powers of attorney and any other documents which may be necessary
to assist the Solicitor and/or designated service in the collection
of Ross Township's revenues and otherwise performing under this Part
and pursuant to applicable laws.
[Ord. 2211, 12/11/2006, § 14]
The Solicitor shall be permitted to view, inspect and utilize
Ross Township's revenue information including earned income information
and any other similar information or data whether or not considered
to be confidential under applicable laws to carry out Solicitor's
obligations hereunder.
