[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles as indicated in article histories. Amendments noted where applicable.]
Article I Attorneys' Fees and Collection Charges
[Adopted 2-17-2011 by Ord. No. 1055]
North Versailles Township hereby approves the following fee schedule for the collection of unpaid claims, which fees shall be added to the unpaid claim.
Notice expense. A charge, not to exceed $50, plus postage, shall be added to the unpaid claim for providing notice of delinquency pursuant to Section 7106 of the Municipal Claims and Tax Liens Act. North Versailles Township may hire a private company to perform this service and add the amount of this charge to the unpaid claim.
Editor's Note: See 53 P.S. § 7106.
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. 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 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:
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, North Versailles 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").
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorney fees, North Versailles Township or its designee shall mail or cause to be mailed, by first-class mail, a second notice to the property owner.
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 North Versailles Township or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
A statement of North Versailles 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;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of North Versailles Township's representative designated as responsible for collection matters.
Editor's Note: See 53 P.S. § 7101 et seq.
The proper officials of North Versailles Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.
North Versailles Township appoints Michelle R. Portnoff, Esquire, as Solicitor 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 municipal claims, on behalf of North Versailles Township.