[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 8-24-2011 by Ord. No. 9-2011. Amendments noted where
applicable.]
A.
The Township hereby approves the following schedule of attorneys'
fees for services in connection with the collection of accounts, which
is hereby determined to be fair and reasonable 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 amended by
Act No. 1 of 1996 (the "Act"):[1]
|
Legal Services
|
Fee for Services
|
|---|---|
|
Initial review and send first demand letter and title report
|
$250
|
|
File lien and send second demand letter; prepare writ of scire
facias, file writ, service of writ by sheriff
|
$500
|
|
Prepare and mail letter under Pa. R.C.P. 237.01; prepare entry
of judgment, notices, pleadings and affidavits
|
$500
|
|
Prepare writ of execution; attendance at sale; review schedule
of distribution and resolve distribution issues
|
$2,175
|
|
Services not covered above:
| |
|
Satisfaction of municipal lien
|
$40
|
|
Satisfaction of judgment
|
$40
|
|
Review of bankruptcy (including proof of claim)
|
$250
|
|
Motion for relief from the automatic stay
|
$700
|
|
Motion for special service
|
$600
|
|
Petition to reassess damages
|
$275
|
|
Forbearance agreement
|
$200
|
|
All other services
|
$125 per hour
|
[1]
Editor's Note: See 53 P.S. § 7106.
B.
The above amounts include an estimate of 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.
C.
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 Act No. 1:[1]
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 rate payer or other entity liable
for the account (the "account debtor").
B.
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to an account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing of 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; and
(4)
The place of payment for the accounts and the name and telephone
number of the Township official designated as responsible for the
collection matter.
[1]
Editor's Note: See the Municipal Claim and Tax Lien Law, 53
P.S. § 7101 et seq.
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.
