[HISTORY: Adopted by the Board of Supervisors of the Township of Middletown 12-22-1998 by Ord. No. 98-14 (Ch. 1, Part 14, of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 448.
As used in this chapter, the following terms shall have the meanings indicated:
ACCOUNT
Delinquent unpaid taxes, use charges and other items covered by the Municipal Claims Act.[1]
ACCOUNT DEBTOR
The taxpayer or other entity liable for the account.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A. 
The Township hereby approves the following schedule of attorneys' fees for services in connection with the collection of compensation for the services set forth below, all in accordance with the principles set forth in § 7106(a) of the Municipal Claims Act:[1]
Legal Services
Time for Services
(hours)
Initial review and sending first demand letter
0.6
File lien and mailing second demand letter
1.5
Prepare writ of scire facias
1.0
Obtain reissued writ
0.5
Prepare and mail letter under Pa. R.C.P. § 237.1
0.3
Prepare motion for alternate service
2.2
Prepare motion for summary judgment and related judgment
3.2
Prepare writ of execution
1.0
Attendance at sale; review schedule of distribution and resolve distribution issues
3.0
Services not covered above
Hourly amount equal to Solicitor's regular charges to Township
[1]
Editor's Note: See 53 P.S. § 7106(a).
B. 
The time set forth above shall be billed at the current hourly rate of the Solicitor with the minimum rate being as set by resolution of the Board of Supervisors from time to time.
[Amended 10-19-2009 by Ord. No. 09-03]
C. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.
D. 
The amount of fees determined as set forth above shall be added to the Township's claim in each account.
The following collection procedures are hereby established in accordance with 53 P.S. § 7106:
A. 
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Township shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the account debtor.
B. 
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorneys' fees the Township shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
C. 
All notices required by this chapter shall be mailed to the account debtor's last known post office address as recorded in the records or other information of the 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 the Township's intent to impose or assess attorneys' 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 attorneys' fees may be avoided by payment of the account.
(4) 
The place of payment for accounts, and the name and telephone number of the Township official designated as responsible for collection matters.
The proper officials of the Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this chapter.