[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:
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.
