[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 10-12-2023 by Ord. No. 2023-892.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 4, Attorney's Fees, adopted 5-2-1996 by Ord. No. 96-646.
The fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Municipal Claims and Tax Liens Act[1] (MCTLA). The fees set forth below shall be included and added to applicable MCTLA unpaid claims, including, but not limited to, claims related to taxes, tax claims, tax liens, municipal claims and/or municipal liens subject to the MCTLA that become delinquent. Such fees are imposed for the Township to Township to recover its charges, expenses, commissions and fees incurred in the collection of such unpaid claims:
A. 
Attorney fees.
(1) 
Initial review and sending first legal demand letter: $175.
(2) 
File lien and prepare satisfaction: $250.
(3) 
Prepare writ of scire facias: $250.
(4) 
Prepare and mail letter under Pa. R.C.P. 237.1: $50.
(5) 
Prepare default judgment: $175.
(6) 
Research, prepare and obtain reissued writ: $175.
(7) 
Prepare praecipe to amend: $100.
(8) 
Prepare motion to amend: $150.
(9) 
Prepare motion for alternate service: $250.
(10) 
Prepare motion to consolidate claims: $250.
(11) 
Amend claim to add United States as defendant: $250.
(12) 
Prepare writ of execution: $800.
(13) 
Preparation for sheriff's sale; review schedule of distribution and resolve distribution issues: $400.
(14) 
Prepare motion to continue sheriff's sale: $50.
(15) 
Prepare petition for free and clear sale: $400.
(16) 
Preparation and service of subpoena: $100.
(17) 
Presentation of motion or petition: $50.
(18) 
Services not covered above: At an hourly rate between $75 to $275 per hour.
B. 
Collection fees.
(1) 
Validation notice: $25 per notice.
(2) 
Notice of delinquent claim and fee shifting: $40 per notice, plus applicable postage.
(3) 
Bookkeeping fee for payment plan of three months or less: $25.
(4) 
Bookkeeping fee for payment plan of more than three months: $50.
(5) 
Handling fee for returned check: $25.
C. 
Associated costs. In addition to the fees set forth 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.
D. 
Interest. Interest will be assessed upon the MCTLA unpaid claims at a rate of 10% per annum and added to the MCTLA unpaid claim(s). The Township is permitted to waive any interest on any MCTLA 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.
[1]
Editor's Note: See 53 P.S. § 7106.