Borough of South Waverly, PA
Bradford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of South Waverly as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1997 by Ord. No. 6-2-97-1]
The borough hereby approves the Statement of Collection Policies for delinquent unpaid taxes, user charges and other items covered by the Municipal Claims Act ("Accounts"), as presented to this meeting, and which is to be filed with the enacted counterpart of this article.
A. 
The borough hereby approves the following schedule of attorney fees for services in connection with the collection of Accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principles set forth in Section 3(a.1) of the Municipal Claims Law as added by Act No. 1 of 1996 (the "Act"):[1]
Legal Services
Fees for Services
Initial review and sending first demand letter
$100
File lien and mailing second demand letter
100
Prepare Writ of Scire Facias
100
Obtain reissued writ
100
Prepare and mail letter under Pa. R.C.P. § 237.1
100
Prepare motion for alternate services
100
Prepare motion for summary judgment and related judgment
100
Prepare writ of execution
100
Attendance at sale; review schedule of distribution and resolve distribution issues
300
Services not covered above, per hour
100
[1]
Editor's Note: See 53 P.S. § 7106(a.1).
B. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.
C. 
The amount of fees determined as set forth above shall be added to the borough's claim in each Account.
The following collection procedures are hereby established in accordance with Act No. 1:
A. 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an Account, the borough 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 "Account Debtor").
B. 
At least 10 days prior to the assessing or imposing such attorney fees, the borough shall mail or cause to be mailed, by first class mail, a second notice to such Account Debtor.
C. 
All notices required by this article shall be mailed to the Account Debtor's last known post office address as recorded in the records or other information of the borough, or such other address as it may be able to obtain from the Borough 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 the borough'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 the borough official designated as responsible for collection matters.
The proper officials of the borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.