[Amended 7-17-2023 by Ord. No. 601]
The Township appoints Michelle R. Portnoff, Esquire, as special
Solicitor and alternative Tax Collector, 53 P.S. § 7101,
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.
In accordance with the MCTLA and RETSL, interest shall be charged
on taxes so returned from and after but not before the first day of
the month following the return. Interest shall be charged at the rate
of 9% per annum.
[Amended 7-17-2023 by Ord. No. 601]
A. 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 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 in this Subsection
A(1).
(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 reissued 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 Sheriff's sale; review schedule of distribution
and resolve distribution issues
|
$400
|
Prepare motion to continue Sheriff's sale
|
$50
|
Prepare petition for free and clear sale
|
$400
|
Preparation and service of subpoena
|
$100
|
Presentation of motion or petition
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$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
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$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
|
(3) In addition to the collection fees set forth under Subsection
A(2) 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 (VIN) 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.
B. 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.
The proper officials of Upper Providence Township are hereby
authorized and empowered to take such additional action as they may
deem necessary or appropriate to implement this article.
If any section, clause, provision or portion of this article
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this article so long as it remains legally
enforceable minus the invalid portion. Upper Providence Township reserves
the right to amend this article or any portion thereof from time to
time as it shall deem advisable in the best interest of the promotion
of the purposes and intent of this article, and the effective administration
thereof.