Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-1996 by Ord. No. 112-1996]

§ 87-1 Title.

This article shall be known and may be cited as the "East Whiteland Township Municipal Attorney's Fee Schedule Ordinance."

§ 87-2 Fee schedule.

A. 
The Board of Supervisors determines this fee schedule fair and reasonable for the services to be rendered by its Solicitor or other counsel in the collection of delinquent municipal claims and accounts and hereby directs that the same be imposed, as applicable, upon the affected property owners (the "owner") and shall be imposed and recovered as part of each municipal claim against the affected real property in proceedings to recover delinquent municipal claims, together with any additional out-of-pocket costs incurred by the Township for necessary expenses in connection therewith.
B. 
[1] Legal fees for the following services/actions shall be as set from time to time by resolution of the Board of Supervisors:
(1) 
Prepare and file lien.
(2) 
Prepare and file writ of scire facias.
(3) 
Order to satisfy.
(4) 
Reissue writ.
(5) 
Proof of claim.
(6) 
Prepare and mail correspondence per Pa.R.C.P. § 237.1.
(7) 
Motion for alternate service.
(8) 
Motion for summary judgment.
(9) 
Prepare and file default judgment.
(10) 
Prepare and file writ of execution for sheriff sale.
(11) 
Attendance at sale and evaluate schedule of distribution and resolve issues ancillary to sale.
(12) 
Miscellaneous litigation (hourly rate not to exceed that set by the Board of Supervisors).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 87-3 Municipal claim.

For purposes of this article, the term "municipal claim" shall mean any claim identified, defined, prescribed or provided for in the Act.[1]
[1]
Editor's Note: See 53 P.S. § 7106.

§ 87-4 Procedure for collection.

A. 
At least 30 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notice required by Subsection D.
B. 
If within 30 days of mailing the notice in accordance with Subsection A, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States first-class mail, mail to the owner the notice required by Subsection D.
C. 
The notice required by this section shall be mailed to the owner's last known post office address by virtue of the knowledge and information possessed by the Township and by the county office responsible for assessments and revisions of taxes. It shall be the duty of the Township to determine the owner's last post office address known to said collector and county assessment office.
D. 
The notice to the owner shall include the following:
(1) 
A statement of the Township's intent to impose or assess attorney's fees within 30 days of mailing the notice pursuant to Subsection A or within 10 days of the mailing of the notice pursuant to Subsection B.
(2) 
The manner in which the imposition or assessment of attorney's fees may be avoided by payment of the delinquent account.