[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-2015 by Ord. No. 2015-2]
The Township hereby approves the following fee schedule for the collection of the unpaid claims, which fees shall be added to the unpaid claims.
A. 
Notice expense. A charge, not to exceed $50 plus postage, shall be added to the unpaid claims for providing notice of delinquency pursuant to Section 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.
[1]
Editor's Note: Reference is to the Municipal Claims and Tax Liens Act, 53 P.S. § 7106.
B. 
Legal fees.
(1) 
Initial review and sending first demand letter: $160.
(2) 
File lien and prepare satisfaction: $250.
(3) 
Prepare writ of scire facias: $250.
(4) 
Obtain reissued writ: $30.
(5) 
Prepare and mail letter under Pa.R.C.P. 237.1: $30.
(6) 
Prepare motion for alternate service: $250.
(7) 
Obtain vehicle identification number (VIN) for mobile home: $35.
(8) 
Prepare discovery in preparation for trial: $100.
(9) 
Prepare pretrial memorandum: $150.
(10) 
Prepare motion for judgment for want of sufficient affidavit of defense pursuant to 53 P.S. § 7271: $150.
(11) 
Prepare default judgment: $175.
(12) 
Prepare writ of execution: $800.
(13) 
Attendance at sale; review schedule of distribution and resolve distribution issues: $400.
(14) 
Continue sheriff sale: $50.
(15) 
Prepare petition to assess damages: $50.
(16) 
Prepare petition for free and clear sale: $400.
(17) 
Services not covered above: at an hourly rate between $60 and $275 per hour.
C. 
Collection fees.
(1) 
Bookkeeping fee for payment plan of three months or less: $25.
(2) 
Bookkeeping fee for payment plan of more than three months: $50.
(3) 
Guaranteed payoff fee: $25.
(4) 
Handling fee for returned check: bank charge, if any.
In addition to the fees set forth in § 284-1 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 Township and any attorney or private collector collecting the unpaid claims on behalf of the Township are hereby authorized 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]
A. 
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").
B. 
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.
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 Township or such other address obtained by the Township 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 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;
(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 Township's representative designated as responsible for collection matters.
[1]
Editor's Note: See 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Township may appoint an Assistant Solicitor from time to time for the limited purpose of collecting the unpaid claims, giving her, and any attorneys under her supervision, the authority to sign any and all documents, including municipal claims and liens, on behalf of the Township.
The provisions of this article are severable and in the event that any provision is held invalid, void, illegal or unconstitutional by any court, it is the intent of the governing body that such determination by the court shall not affect or render void the remaining provisions of this article.
All other ordinances or parts of ordinances in conflict herewith in whole or in part are hereby repealed, but only to the extent of such conflict.