[HISTORY: Adopted by the Board of Supervisors
of the Township of Palmer as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 173.
[Adopted 1-7-2002 by Ord. No. 2002-312]
The elected Tax Collector of the Township is
hereby appointed, authorized and directed to act as the Collector
of Delinquent Taxes within the Township, for real estate taxes collected
after the end of the tax year, but before the taxes remaining unpaid
are submitted to the County Tax Claim Bureau for collection.
This appointment and authorization shall remain
in effect until the Board of Supervisors, by ordinance, takes further
action, as required by law.
In the event of a vacancy in the office of the
Tax Collector during the term of this appointment, the successor Tax
Collector shall automatically succeed to the powers and duties set
forth herein.
The Collector of Delinquent Taxes shall not
be required to give additional bond on account of this appointment.
The Collector of Delinquent Taxes shall have
all the authority and power now vested by law in the Collector of
nondelinquent Township taxes for the collection of such delinquent
taxes.
The Collector of Delinquent Taxes shall account
to the Board of Supervisors for all delinquent tax collections made
in the same manner as required for the reporting of nondelinquent
tax collections.
The Collector of Delinquent Taxes shall be compensated
in the same manner as provided for in the collection of nondelinquent
taxes within the Township.
[Adopted 7-11-2022 by Ord. No. 2022-474[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Collection of Unpaid Real Estate Taxes and Municipal Claims for
Delinquent Accounts, adopted 1-13-2020 by Ord. No. 2020-458.
A.
The attorney fees and collection fees set forth below
are hereby adopted, approved and determined to be reasonable, including,
without limitation, as contemplated by § 7106 of the Act.[1] The attorney fees and collection fees set forth below shall be included and added to the applicable MCTLA unpaid claim in an amount equal to the amount set forth in this § 37-8.
(1)
Attorney fees.
|
Service
|
Fee
|
|---|---|
|
Initial review and sending first legal demand letter
|
$175
|
|
File lien and prepare satisfaction
|
$250
|
|
Prepare writ of scire facias
|
$250
|
|
Prepare and mail letter under Pa.R.C.P. 237.1
|
$50
|
|
Prepare default judgment
|
$175
|
|
Research, prepare and obtain reissued writ
|
$175
|
|
Prepare praecipe to amend
|
$100
|
|
Prepare motion to amend
|
$150
|
|
Prepare motion for alternate service
|
$250
|
|
Prepare motion to consolidate claims
|
$250
|
|
Amend claim to add United States as defendant
|
$250
|
|
Prepare writ of execution
|
$800
|
|
Preparation for sheriff's sale; review schedule of distribution
and resolve distribution issues
|
$400
|
|
Prepare motion to continue sheriff's sale
|
$50
|
|
Prepare petition for free and clear sale
|
$400
|
|
Preparation and service of subpoena
|
$100
|
|
Presentation of motion or petition
|
$50
|
|
Services not covered above
|
At an hourly rate between $75 and $275 per hour
|
(2)
Collection fees.
|
Service
|
Fee
|
|---|---|
|
Validation notice
|
$25 per notice
|
|
Notice of delinquent claim and fee shifting
|
$40 per notice, plus applicable postage
|
|
Bookkeeping fee for payment plan of 3 months or less
|
$25
|
|
Bookkeeping fee for payment plan of more than 3 months
|
$50
|
|
Handling fee for returned check
|
$25
|
[1]
Editor's Note: See the Municipal Claims and Tax Liens
Act, 53 P.S. § 7101 et seq.
B.
In addition to the collection fees set forth under Subsection A(2) above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA unpaid claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA unpaid claim.
Interest will be assessed upon the unpaid claims at a rate of
10% per annum and added to the unpaid claims. The Township is permitted
to waive any interest on any unpaid claim when the Township or any
attorney and/or third-party collector collecting the unpaid claim
believes, in its discretion, that such amount is de minimis or that
the cost or burden of continuing collection outweighs the benefit
of collecting the interest.
The Township appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the unpaid claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Township.
Should any section, paragraph, clause or phrase of this ordinance
be declared unconstitutional or invalid by legislation or a court
of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby and shall remain in full force and effect.
All prior ordinances, resolutions and/or other official acts
or parts thereof inconsistent herewith are hereby repealed to the
extent of such inconsistencies.
This ordinance shall take effect on the earliest date permitted
pursuant to applicable law.
