Township of Westtown, PA Municipal Claims and Liens

Notice expense. A fee, not to exceed $50, plus postage, shall be added to the unpaid claim for providing notice of delinquency pursuant to § 7106 of the Municipal Claims and Tax Liens Act.[1] Westtown Township may hire a private company to perform this service and add the amount of this charge to the unpaid claim.

[1]

Editor's Note: See 53 P.S. § 7101 et seq.

Collection fees.

	Type of Fee	Amount of Fee
	Handling fee for returned check	$30
	Handling fee to issue refund check	$20
	Bookkeeping fee for payment plan of three months or less	$25
	Bookkeeping fee for payment plan of more than three months $50	$50
	Guaranteed payoff fee	$25

Legal fees.

	Type of Fee	Amount of Fee
	Initial review and sending first demand letter	$160
	File lien and prepare satisfaction	$250
	Prepare writ of scire facias	$250
	Obtain reissued writ	$30
	Prepare and mail letter under Pa.R.C.P. No. 237.1	$30
	Prepare motion for alternate service	$250
	Prepare request for production of documents in preparation for trial	$25
	Prepare pretrial memorandum	$150
	Prepare motion for judgment for want of sufficient affidavit of defense pursuant to 53 P.S. § 7271	$150
	Prepare default judgment	$175
	Prepare writ of execution	$800
	Attendance at sale; review schedule of distribution and resolve distribution issues	$400
	Continue sheriff sale	$ 50
	Petition to assess damages	$ 50
	Petition for free and clear sale	$400
	Prepare bankruptcy proof of claim	$100
	Services not covered above	At an hourly rate between $60 and $225 per hour

§ 107-2 Costs to be added to unpaid claims.

In addition, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, such as but not limited to, postage, title searches, prothonotary fees and sheriff fees, shall be added to the unpaid claims.

§ 107-3 Interest.

Interest will be assessed upon all delinquent unpaid municipal claims from the date of delinquency at a rate of 10% per annum and added to the unpaid claim.

§ 107-4 Collection procedures.

The following collection procedures are hereby established in accordance with the Act:[1]

At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, Westtown Township or its designee 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 "property owner").

If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing such attorney fees, Westtown Township or its designee shall mail or cause to be mailed, by first class mail, a second notice to the property owner.

All notices required by this article shall be mailed to the property owner's last known post office address as recorded in the records or other information of Westtown Township, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.

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 Westtown Township's intent to impose or assess attorney 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 attorney fees may be avoided by payment of the account; and

(4)

The place of payment for accounts and the name and telephone number of Westtown Township's representative designated as responsible for collection matters.

[1]

Editor's Note: See 53 P.S. § 7101 et seq.

§ 107-5 Related action.

The proper officials of Westtown Township are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this article.

§ 107-6 Appointment of Special Counsel.

Westtown Township appoints Michelle R. Portnoff, Esquire, as Special Counsel for the limited purpose of collecting delinquent municipal claims and hereby authorizes her, and attorneys under her supervision, to sign any and all documents, including tax and municipal claims, on behalf of the Township as its counsel.