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Township of West Goshen, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-2004 by Ord. No. 18-2004]
This article shall be known and may be cited as the "West Goshen Township Municipal Attorneys' Fee Schedule Ordinance," as amended and reenacted.
[Amended 5-24-2006 by Ord. No. 2-2006; 2-13-2013 by Ord. No. 01-2013]
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 may be imposed and recovered as part of each municipal claim filed 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:
Action
Legal Fees
Receive and review lien information; prepare lien
Hourly rate of Solicitor, as approved by the Board of Supervisors in the fee resolution, for 30 minutes of time
Prepare and file order of satisfaction, notify property owner
$46.25
Prepare and file writ of scire facias
Hourly rate of Solicitor, as approved by the Board of Supervisors in the fee resolution, for 30 minutes of time
Reissue writ
$46.25
Prepare and mail correspondence per Pa.R.C.P. No. 237.1
$46.25
Motion for alternate service
$300
Prepare and file default judgment
Hourly rate of Solicitor, as approved by the Board of Supervisors in the fee resolution, for 1 hour of time
Prepare and file writ of execution for sheriff sale
$1,000
Attendance at sale; evaluate schedule of distribution and resolve issues ancillary to sale
Hourly rate of Solicitor, as approved by the Board of Supervisors in the fee resolution, for 2 hours of time
Miscellaneous litigation and/or legal activities
Not to exceed hourly rate of Solicitor, as approved by the Board of Supervisors in the fee resolution
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL CLAIM
Any claim identified, defined, prescribed or provided for in the Act.
A. 
At least 30 days before assessing or imposing attorneys' 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 this subsection.
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 attorneys' 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 this subsection.
C. 
The notice required by this subsection 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 attorneys 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.