[HISTORY: Adopted by the Board of Commissioners
of the Township of Cheltenham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-21-1995 by Ord. No. 1846-95]
A.
Municipal claims filed upon the assessment for amounts
remaining unpaid for improvements to real estate shall, upon filing,
have added thereto a penalty of five percent (5%) of the amount of
the claim.
B.
Municipal claims filed upon the failure to pay for
services rendered or provided shall, upon filing, have added thereto
a penalty of 10% of the amount of the claim.
C.
In addition, upon collection of any municipal claim,
there shall be added thereto interest on the claim and penalty at
the rate of 10% per annum from the date of the filing of the lien
or the completion of the work, whichever shall last occur; except
that, where a municipal claim is filed arising out of a project financed
by the issuance of township bonds, interest shall be collectible at
the rate of interest paid on the bonds, or at the rate of 12% per
annum, whichever is less.
[Adopted 11-16-2011 by Ord. No. 2229-11]
[Amended 2-16-2016 by Ord. No. 2325-16]
The Township hereby approves the following fee schedule for
the collection of the unpaid claims, which fees shall be added to
the unpaid claims.
A.
Notice expense. A charge of $40 plus applicable postage shall be
added to the unpaid claims for providing notice of fee shifting pursuant
to § 7106 of the Act.[1] The Township may hire a private company to perform this
service and add the amount of this charge to the unpaid claims.
[1]
Editor's Note: As set forth in the preamble to Ord. No.
2325-16, the "Act" is the Municipal Claims and Tax Liens Act, 53 P.S.
§ 7101 et seq. A complete copy of the ordinance is on file
in the Township offices.
B.
Legal fees.
(1)
Initial review and sending first demand letter: $160.
(2)
File lien and prepare satisfaction: $250.
(3)
Prepare writ of scire facias: $250.
(4)
Obtain reissued writ: $30.
(5)
Prepare and mail letter under Pa. R.C.P. 237.1: $30.
(6)
Prepare motion for alternate service: $250.
(7)
Obtain vehicle identification number (VIN) for mobile home: $35.
(8)
Prepare discovery in preparation for trial: $100.
(9)
Prepare pre-trial memorandum: $150.
(10)
Prepare motion for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271: $150.
(11)
Prepare default judgment: $175.
(12)
Prepare writ of execution: $800.
(13)
Attendance at sale; review schedule of distribution and resolve
distribution issues: $400.
(14)
Continue sheriff sale: $50.
(15)
Prepare petition to assess damages: $50.
(16)
Prepare petition for free and clear sale: $400.
(17)
Services not covered above: at an hourly rate between $60 and
$275 per hour.
In addition to the fees set forth in § 120-2 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees, shall be added to the unpaid claims.
The Township authorizes any attorney or private collector collecting
the unpaid claims on behalf of the Township to accept payment of the
unpaid claims by credit card or debit card. Where payment is made
by credit card or debit card, any fees charged by the credit card
or debit card company and/or the credit card or debit card servicing
agent shall be charged immediately to the credit card or debit card
used to make payment. This applies to credit card or debit card payments
made by mail, telephone, over the internet, or in person.
Interest will be assessed upon the unpaid claims at a rate of
10% per annum and added to the unpaid claims.
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 unpaid claim account, the Township
or its designee shall mail or cause to be mailed, by certified mail,
return receipt requested, a notice of such intention to the property
owner 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 assessing or imposing such attorney fees, the 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 the Township or such other address obtained
by the Township from the County Tax Assessment Office.
D.
Each notice as described above shall include the following:
(1)
The type of municipal claim or other charge, the year that it became
due and the amount owed, including penalty and interest;
(2)
A statement of the Township's intent to impose or assess attorney
fees no earlier than 30 days after receipt of the first notice, or
no earlier than 10 days after receipt 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 the Township's representative designated as responsible for
collection matters.
[1]
Editor's Note: As set forth in the preamble to Ord. No.
2325-16, the "Act" is the Municipal Claims and Tax Liens Act, 53 P.S.
§ 7101 et seq. A complete copy of the ordinance is on file
in the Township offices.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this article.
The Township appoints a Solicitor[1] for the limited purpose of collecting the unpaid claims
and hereby authorizes her, and attorneys under her supervision, to
sign any and all documents, including municipal claims and liens,
on behalf of the Township.
[1]
Editor's Note: The Solicitor's name is included
in the text of Ord. No. 2325-16, a complete copy of which is on file
in the Township offices.
