Township of Easttown, PA Chapter 267 Municipal Claims and Liens

[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 10-4-2010 by Ord. No. 399-10. Amendments noted where applicable.]

§ 267-1 Authorization. [1]

Easttown Township's Solicitor is hereby authorized to file municipal claims against Easttown Township property owners ("property owners") for properties which are located within Easttown Township (the "Township") and for which municipal accounts are delinquent or taxes unpaid due to nonpayment by the property owners, or for which money is otherwise owed to the Township due to costs incurred due to the property owner's violation of Township codes, ordinances or regulations (those properties hereinafter being referred to as "delinquent properties").

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 267-2 Collections of unpaid claims; attorneys' fees and collection fees.

[Amended 6-2-2014 by Ord. No. 422-14; 11-21-2022 by Ord. No. 454-22]

A. Attorney fees and collection fees to be added to the MCTLA unpaid claims. The attorney fees and collection fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq., as amended ("MCTLA or the "Act"). The attorney fees and collection fees set forth below shall be included and added to the applicable MCTLA unpaid claim in an amount equal to the amount set forth as follows:

(1) Attorney fees.

Initial review and sending first legal demand letter	$175
File lien and prepare satisfaction	$250
Prepare writ of scire facias	$250
Prepare and mail letter under Pa.R.C.P. 237.1	$50
Prepare default judgment	$175
Research, prepare and obtain re-issued writ	$175
Prepare praecipe to amend	$100
Prepare motion to amend	$150
Prepare motion for alternate service	$250
Prepare motion to consolidate claims	$250
Amend claim to add united states as defendant	$250
Prepare writ of execution	$800
Preparation for sheriffs' sale; review schedule of distribution and resolve distribution issues	$400
Prepare motion to continue sheriffs' sale	$50
Prepare petition for free and clear sale	$400
Preparation and service of subpoena	$100
Presentation of motion or petition	$50
Services not covered above at an hourly rate between	$75 to $275 per hour

(2) Collection fees.

Validation notice	$25 per notice
Notice of delinquent claim and fee shifting	$40 per notice plus applicable postage
Bookkeeping fee for payment plan of 3 months or less	$25
Bookkeeping fee for payment plan of more than 3 months	$50
Handling fee for returned check	$25

B. Additional amounts. In addition to the collection fees set forth above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA unpaid claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (YIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA unpaid claim.

C. Interest. Interest will be assessed upon the unpaid claims at a rate of 10% per annum and added to the unpaid claims. The Township is permitted to waive any interest on any unpaid claim when the Township or any attorney and/or third-party collector collecting the unpaid claim believes, in its discretion, that such amount is de minimis or that the cost or burden of continuing collection outweighs the benefit of collecting the interest.

D. Appointment of special collection solicitor. The Township appoints Michelle R. Portnoff, Esquire, as Special Collection Solicitor for the limited purpose of collecting the Unpaid Claims and hereby authorizes her, and all attorneys employed by Portnoff Law Associates, Ltd., to sign any and all documents, including municipal claims and liens, on behalf of the Township.