Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Insurance Claim — See Ch. 147.
Taxation — See Ch. 270.
[Adopted 11-21-1995 by Ord. No. 1846-95]

§ 120-1 Penalty and interest.

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]

§ 120-2 Fees added to claims.

Cheltenham Township hereby approves the following fee schedule for the collection of unpaid claims, which fees shall be added to the unpaid claim.
A. 
Notice expense. A charge, not to exceed $50, plus postage, shall be added to the unpaid claim for providing notice of delinquency pursuant to Section 7106 of the Municipal Claims and Tax Liens Act.[1] Cheltenham Township may hire a private company to perform this service and add the amount of this charge to the unpaid claim.
[1]
Editor's Note: As set forth in the preamble to Ord. No. 2229-11, 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. 
Collection fees.
(1) 
Handling fee for returned check: $30.
(2) 
Handling fee to issue refund check: $20.
(3) 
Bookkeeping fee:
(a) 
For payment plan of three months or less: $25.
(b) 
For payment plan of more than 3 months: $50.
(4) 
Guaranteed payoff fee: $25.
C. 
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. No. 237.1: $30.
(6) 
Prepare motion for alternate service: $250.
(7) 
Prepare request for production of documents in preparation for trial: $25.
(8) 
Prepare pre-trial memorandum: $150.
(9) 
Prepare motion for judgment for want of sufficient affidavit of defense pursuant to 53 p.s. § 7271: $150.
(10) 
Prepare default judgment: $175.
(11) 
Prepare writ of execution: $800.
(12) 
Attendance at sale; review schedule of distribution and resolve distribution issues: $400.
(13) 
Continue Sheriff sale: $50.
(14) 
Petition to assess damages: $50.
(15) 
Petition for free and clear sale: $400.
(16) 
Prepare bankruptcy proof of claim: $100.
(17) 
Services not covered above: at an hourly rate between $60 and $225 per hour.

§ 120-3 Costs added to claims.

In addition, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, such as, but not limited to, postage, title searches, prothonotary fees and Sheriff fees, shall be added to the unpaid claims.

§ 120-4 Interest.

Interest will be assessed upon all delinquent unpaid real estate taxes at a rate of 10% per annum and added to the unpaid claim.

§ 120-5 Collection procedures.

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 account, Cheltenham Township or its designee 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 "property owner").
B. 
If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing of such attorney fees, Cheltenham 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 Cheltenham Township or such other address as it may be able to obtain from the County 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 Cheltenham Township'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
(a) 
The place of payment for accounts and the name and telephone number of Cheltenham Township's representative designated as responsible for collection matters.
[1]
Editor’s Note: As set forth in the preamble to Ord. No. 2229-11, 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.

§ 120-6 Related action.

The proper officials of Cheltenham Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.

§ 120-7 Appointment of Solicitor.

Cheltenham Township appoints a Solicitor[1] for the limited purpose of collecting delinquent real estate taxes and hereby authorizes him/her, and attorneys under his/her supervision, to sign any and all documents, including municipal claims, on behalf of the Cheltenham Township.
[1]
Editor's Note: The Solicitor's name is included in the text of Ord. No. 2229-11, a complete copy of which is on file in the Township offices.