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Township of Worcester, PA
Montgomery County
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[Adopted 3-15-2017 by Ord. No. 263[1]]
Editor's Note: This ordinance also repealed former Art. VI, Collection of Delinquent Real Estate Taxes, adopted 1-16-2013 by Ord. No. 243.
The Township hereby approves the following fee schedule for the collection of unpaid, delinquent sewer fees, real estate taxes and Township Code violations (the "unpaid claims"), which fees shall be added to the unpaid claims.
Notice expense. A charge of $40 plus applicable postage shall be added to the unpaid claims for providing notice of fee shifting pursuant to § 7106 of the Act.[1] The Township may hire a private company to perform this service and add the amount of this charge to the unpaid claims.
Editor's Note: See 53 P.S. § 7106.
Legal fees.
Initial review and sending first demand letter
File lien and prepare satisfaction
Prepare writ of scire facias
Obtain reissued writ
Prepare and mail letter under Pa.R.C.P. 237.1
Prepare motion for alternate service
Obtain vehicle identification number (VIN) for mobile home
Prepare discovery in preparation for trial
Prepare pretrial memorandum
Prepare motion for judgment for want of sufficient affidavit of defense pursuant to 53 P.S. § 7271
Prepare default judgment
Prepare writ of execution
Attendance at sale; review schedule of distribution and resolve distribution issues
Continue Sheriff sale
Prepare petition to assess damages
Prepare petition for free and clear sale
Services not covered above
At an hourly rate between $60 and $275 per hour
Collection fees.
Bookkeeping fee for payment plan of 3 months or less
Bookkeeping fee for payment plan of more than 3 months
Guaranteed payoff fee
Handling fee for returned check
Bank charge, if any
In addition to the fees set forth in § 135-31 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in collection, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and Sheriff fees, shall be added to the unpaid claims.
The Township authorizes any attorney or private collector collecting the unpaid claims on behalf of the Township to accept payment of the unpaid claims by credit card or debit card. Where payment is made by credit card or debit card, any fees charged by the credit card or debit card company and/or the credit card or debit card servicing agent shall be charged immediately to the credit card or debit card used to make payment. This applies to credit card or debit card payments made by mail, telephone, over the Internet, or in person.
Interest will be assessed upon the unpaid claims at a rate of 10% per annum and added to the unpaid claims.
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 unpaid claim account, the Township or its designee shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the property owner or other entity liable for the account (the "property owner").
If the certified mail notice is undelivered, then, at least 10 days prior to assessing or imposing such attorney fees, the 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 the Township or such other address obtained by the Township from the County Tax Assessment Office.
Each notice as described above shall include the following:
The type of municipal claim or other charge, the year that it became due and the amount owed, including penalty and interest;
A statement of the Township's intent to impose or assess attorney fees no earlier than 30 days after receipt of the first notice, or no earlier than 10 days after receipt of the second notice;
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account; and
The place of payment for accounts and the name and telephone number of the Township's representative designated as responsible for collection matters.
Editor's Note: "The Act" refers to the Municipal Claims and Tax Liens Act, 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 article.
The Township appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting the unpaid claims and hereby authorizes her, and attorneys under her supervision, to sign any and all documents, including municipal claims and liens, on behalf of the Township.