[Adopted 8-27-2013 by Ord. No. 640]
The Township hereby approves the following schedule of attorney
fees and costs for services in connection with the collection of delinquent
municipal claims/liens, which schedule is hereby determined to be
fair and reasonable compensation for the services set forth below,
all in accordance with the provisions set forth in 53 P.S. § 7106(a.1),
as amended:
Legal Services
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Fees for Services
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Review Township's records as to appropriate statutory notice
compliance; prepare and file lien and send notice of filing to owner(s)
|
$350
|
Prepare writ of scire facias, file writ, and arrange service
of writ by Sheriff
|
$500
|
Prepare and file praecipe for entry of judgment
|
$250
|
Prepare writ of execution; attendance at sale; review schedule
of distribution and resolve distribution issues
|
$1,500
|
Services and Costs Not Covered Above:
|
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All costs will be billed based on filing fees or costs established
from time to time by the Sheriff, Prothonotary, or other federal or
county agency
|
Actual filing fee or cost
|
Other legal services:
|
|
Satisfaction of municipal lien
|
$100
|
Satisfaction of judgment
|
$100
|
Review of bankruptcy (including filing proof of claim)
|
$300
|
Motion for relief from the automatic stay
|
$750
|
Motion for special service
|
$500
|
Petition to reassess damages
|
$275
|
Forbearance agreement
|
$200
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All other services
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$200 per hour
|
The following collection procedures are hereby established in
accordance with 53 P.S. § 7106(a.3)(1-4):
A. At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of a delinquent claim, the Township
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 claim in the format agreed to by the Township
Solicitor.
B. If, within 30 days after mailing the notice in accordance with Subsection
A, the certified mail to an account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorney fees, the Township shall mail or cause to be mailed, by first-class mail, a second notice to such property owner or other liable entity.
C. All notices required by this article shall be mailed to the property
owner or other liable entity's last known post office address
as recorded in the records or other information of the Township, or
other address as it may be able to obtain from the County Office of
Assessment of Taxes.
D. Each notice as described above shall include the following:
(1) The type of bill, assessment or other charge, the date 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 and costs 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
and costs may be avoided by payment of the claim/lien; and
(4) The place of payment for the claim or lien and the name and telephone
number of the Township official as designated as responsible for the
collection matter.
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.