Borough of Paxtang, PA
Dauphin County
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[HISTORY: Adopted by the Borough Council of the Borough of Paxtang 9-21-2004 by Ord. No. 591. Amendments noted where applicable.]
The Borough hereby approves the following schedule of attorneys' fees for services in connection with the collection of accounts and compensation for the services set forth below, all in accordance with the principles set forth in Section 3 (a.1) of the Municipal Claims Law, as added by Act of Assembly, February 7, 1996, P.L. 1, No. 1 of 1996 (the "Act"):[1]
Legal Service
Fee for Services
Initial review and sending first demand letter
File lien and mailing second demand letter
Prepare writ of scire facias
Obtain reissued writ
Prepare and mail letter under Pa.R.C.P. § 237.1
Prepare motion for alternate service
Prepare writ of execution
Attendance at sale; review schedule of distribution and resolve distribution issues
Hourly amount equal to Solicitor's regular charges to Borough
Services not covered above
Hourly amount equal to Solicitor's regular charges to Borough
Editor's Note: See 53 P.S. § 7106.
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.
The amount of fees determined as set forth above shall be added to the Borough claim in each account.
The following collection procedures are hereby established in accordance with the Act.
At least 30 days prior to assessing or imposing attorneys' fees in connection with the collection of an account, the Borough shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity liable for the account (the "account debtor").
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to claimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing of such attorneys' fees, the Borough shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
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 Borough, or such other address as it may be able to obtain from the County Office for Assessment and Revision of Taxes.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest;
A statement of the Borough'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;
The manner in which the assessment or imposition of attorneys' fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of the Borough official designated as responsible for collection matters.
The proper officials of the Borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this chapter.