[HISTORY: Adopted by the Board of Supervisors of the Township
of Westtown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-7-2009 by Ord. No. 2009-8; amended in its entirety 3-5-2012 by Ord. No.
2012-4]
Westtown Township hereby approves the following fee schedule
for the collection of unpaid claims, which fees shall be added to
the unpaid claim:
A.
Notice expense. A fee, not to exceed $50, plus postage, shall be
added to the unpaid claim for providing notice of delinquency pursuant
to § 7106 of the Municipal Claims and Tax Liens Act.[1] Westtown Township may hire a private company to perform
this service and add the amount of this charge to the unpaid claim.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
Collection fees.
|
Type of Fee
|
Amount of Fee
| |
|---|---|---|
|
Handling fee for returned check
|
$30
| |
|
Handling fee to issue refund check
|
$20
| |
|
Bookkeeping fee for payment plan of three months or less
|
$25
| |
|
Bookkeeping fee for payment plan of more than three months $50
|
$50
| |
|
Guaranteed payoff fee
|
$25
|
C.
Legal fees.
|
Type of Fee
|
Amount of Fee
| |
|---|---|---|
|
Initial review and sending first demand letter
|
$160
| |
|
File lien and prepare satisfaction
|
$250
| |
|
Prepare writ of scire facias
|
$250
| |
|
Obtain reissued writ
|
$30
| |
|
Prepare and mail letter under Pa.R.C.P. No. 237.1
|
$30
| |
|
Prepare motion for alternate service
|
$250
| |
|
Prepare request for production of documents in preparation for
trial
|
$25
| |
|
Prepare pretrial memorandum
|
$150
| |
|
Prepare motion for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271
|
$150
| |
|
Prepare default judgment
|
$175
| |
|
Prepare writ of execution
|
$800
| |
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
| |
|
Continue sheriff sale
|
$ 50
| |
|
Petition to assess damages
|
$ 50
| |
|
Petition for free and clear sale
|
$400
| |
|
Prepare bankruptcy proof of claim
|
$100
| |
|
Services not covered above
|
At an hourly rate between $60 and $225 per hour
|
In addition, the reasonable and necessary out-of-pocket charges,
costs, expenses, commissions and fees incurred in collection, such
as but not limited to, postage, title searches, prothonotary fees
and sheriff fees, shall be added to the unpaid claims.
Interest will be assessed upon all delinquent unpaid municipal
claims from the date of delinquency at a rate of 10% per annum and
added to the unpaid claim.
The following collection procedures are hereby established in
accordance with the Act:[1]
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, Westtown Township or
its designee shall mail or cause to be mailed, by certified mail,
return receipt requested, a notice of such intention to the taxpayer
or other entity liable for the account (the "property owner").
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to the assessing or imposing such attorney fees, Westtown Township
or its designee shall mail or cause to be mailed, by first class mail,
a second notice to the property owner.
C.
All notices required by this article shall be mailed to the property
owner's last known post office address as recorded in the records
or other information of Westtown Township, or such other address as
it may be able to obtain from the County Office of Assessment and
Revision of Taxes.
D.
Each notice as described above shall include the following:
(1)
The type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2)
A statement of Westtown Township's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the account; and
(4)
The place of payment for accounts and the name and telephone number
of Westtown Township's representative designated as responsible
for collection matters.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
The proper officials of Westtown Township are hereby authorized
and empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
Westtown Township appoints Michelle R. Portnoff, Esquire, as
Special Counsel for the limited purpose of collecting delinquent municipal
claims and hereby authorizes her, and attorneys under her supervision,
to sign any and all documents, including tax and municipal claims,
on behalf of the Township as its counsel.
