Borough of Bath, PA Municipal Claims and Liens

The attorney fees and collection fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Municipal Claims and Tax Liens Act, 53 P.S. § 7101, et seq., as amended (the "Act"). The attorney fees and collection fees set forth below shall be included and added to delinquent taxes, tax claims, tax liens, municipal claims/or municipal liens (each a "MCTLA unpaid claim") in an amount equal to the amount set forth in this § 403-1.

Attorney fees.

(1)

Initial review and sending first legal demand letter: $175.

(2)

File lien and prepare satisfaction: $250.

(3)

Prepare writ of scire facias: $250.

(4)

Prepare and mail letter under Pa. R.C.P. 237.1: $50.

(5)

Prepare default judgment: $175.

(6)

Research, prepare and obtain reissued writ: $175.

(7)

Prepare praecipe to amend: $100.

(8)

Prepare motion to amend: $150.

(9)

Prepare motion for alternate service: $250.

(10)

Prepare motion to consolidate claims: $250.

(11)

Amend claim to add United States as defendant: $250.

(12)

Prepare writ of execution: $800.

(13)

Preparation for sheriff's sale; review schedule of distribution and resolve distribution issues: $400.

(14)

Prepare motion to continue sheriff's sale: $50.

(15)

Prepare petition for free and clear sale: $400.

(16)

Preparation and service of subpoena: $100.

(17)

Presentation of motion or petition: $50.

(18)

Services not covered above: At an hourly rate between $75 - $275 per hour.

Collection fees.

(1)

Validation notice: $25 per notice.

(2)

Notice of delinquent claim and fee shifting: $40 per notice, plus applicable postage.

(3)

Bookkeeping fee for payment plan of three months or less: $25.

(4)

Bookkeeping fee for payment plan of more than three months: $50.

(5)

Handling fee for returned check: $25.

§ 403-2 Costs to be added.

In addition to the collection fees set forth under § 403-1B above, the amount of out-of-pocket charges, costs, expenses, commissions and fees incurred in connection with the filing, preservation and collection of the MCTLA 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 shall be added to the applicable MCTLA unpaid claim.

§ 403-3 Credit card and debit card charges to be added.

In addition to the collection fees set forth under § 403-1B above, 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 MCTLA unpaid claim.

§ 403-4 Interest.

Interest will be assessed upon the MCTLA unpaid claims at a rate of 10% per annum and added to the MCTLA unpaid claims. The Borough is permitted to waive any interest on any MCTLA unpaid claim when the Borough or any attorney and/or third party collector collecting the MCTLA unpaid claim believes, in its discretion, that such amount is de minimis or that the cost or burden of continuing collection outweighs the benefit of collecting the interest.

§ 403-5 Collection procedures.

The following collection procedures are hereby established in accordance with the Act.

The initial notice sent to the property owner or other entity liable for the account (the "property owner") will be a validation notice that will cause a collection fee of $25 per validation notice to be assessed upon the property owner.

At least 30 days' prior to assessing or imposing attorney fees in connection with the collection of an unpaid tax account, the Borough or its designee shall mail or cause to be mailed, by certified mail, return receipt requested, a notice ("attorney fee notice") to the property owner.

If the certified attorney fee 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 attorney fee notice to the property owner.

All attorney fee 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.

Each attorney fee notice as described above shall include the following:

(1)

The type of tax 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 attorney fee notice, or no earlier than 10 days after receipt of the second attorney fee 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.

§ 403-6 Related action.

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.

§ 403-7 Appointment of Solicitor.

The Borough appoints Michelle R. Portnoff, Esquire, as Solicitor for the limited purpose of collecting the MCTLA 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.