[HISTORY: Adopted by the Council of the Borough
of West Chester as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-12-1982 by Ord. No. 10-1982; amended in its entirety 4-15-2015 by Ord. No. 5-2015; 11-21-2018 by Ord. No. 15-2018]
[Amended 12-21-2022 by Ord. No. 12-2022]
A.
The Borough hereby approves the following fee schedule for the collection
of unpaid claims, which fees shall be added to the unpaid claim.
(1)
Legal fees.
(a)
Initial review and sending first legal demand letter: $175.
(b)
File lien and prepare satisfaction: $250.
(c)
Prepare writ of scire facias: $250.
(d)
Prepare and mail letter under Pa.R.C.P. 237.1: $50.
(e)
Prepare default judgment: $175.
(f)
Research, prepare and obtain reissued writ: $175.
(g)
Prepare praecipe to amend: $100.
(h)
Prepare motion to amend: $150.
(i)
Prepare motion for alternate service: $250.
(j)
Prepare motion to consolidate claims: $250.
(k)
Amend claim to add United States as defendant: $250.
(l)
Prepare writ of execution: $800.
(m)
Preparation for sheriff's sale; review schedule of distribution
and resolve distribution issues: $400.
(n)
Prepare motion to continue sheriff's sale: $50.
(o)
Prepare petition for free and clear sale: $400.
(p)
Preparation and service of subpoena: $100.
(q)
Presentation of motion or petition: $50.
(r)
Services not covered above: at an hourly rate between $75 and
$275 per hour.
(2)
Collection fees.
(a)
Validation notice: $25 per notice.
(b)
Notice of delinquent claim and fee shifting: $40 per notice,
plus applicable postage.
(c)
Bookkeeping fee for payment plan of three months or less: $25.
(d)
Bookkeeping fee for payment plan of more than three months:
$50.
(e)
Handling fee for returned check: $25.
B.
In addition to the fees set forth under § 15-1A above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the unpaid claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable unpaid claim.
In addition to the fees set forth in § 15-1 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, county tax claim bureau commissions, fees and charges, and sheriff fees, shall be added to the unpaid claims.
The Borough authorizes any attorney or private collector collecting
the unpaid claims on behalf of the Borough 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:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an unpaid claim account, the Borough
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").
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Borough or
its designee shall mail or cause to be mailed, by first class mail,
a second notice to the property owner.
C.
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 Borough or such other address obtained
by the Borough from the county tax assessment office.
D.
Each notice as described above shall include the following:
(1)
The type of tax, municipal claim or other charge, the year that it
became due and the amount owed, including penalty and interest;
(2)
A statement of the Borough'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;
(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 the Borough's representative 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 article.
The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the unpaid claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Borough.
