Township of West Nantmeal, PA Municipal Claims and Liens

The Board of Supervisors determines this fee schedule fair and reasonable for the services to be rendered by its Solicitor or other counsel in the collection of delinquent municipal claims and accounts and hereby directs that the same be imposed, as applicable, upon the affected property owners (the "owner") and may be imposed and recovered as part of each municipal claim against the affected real property in proceedings to recover delinquent municipal claims, together with any additional out-of-pocket costs incurred by the Township for necessary expenses in connection therewith:

Action	Legal Fees
Open, file and send demand letter	$160
File lien and send second letter	$250
Prepare and file writ of scire facias	$250
Reissue writ	$30
Prepare and mail correspondence per Pa.R.C.P. No. 237.1	$30
Motion for alternate service	$250
Motion for summary judgment	$150
Prepare and file default judgment	$150
Prepare and file writ of execution for Sheriff sale	$800
Attendance at sale and evaluate schedule of distribution and resolve issues ancillary to sale	$400
Charge for check which does not clear	$30
Miscellaneous litigation: hourly rate not to exceed $190 per hour

§ 124-3 Municipal claim.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

For purposes of this article, "the ''Act" is the Municipal Claim and Tax Lien Law, as amended by Act 1996-1, 53 P.S.§ 7101 et seq.; the term "municipal claim" shall mean any claim identified, defined, prescribed or provided for in the Act.

§ 124-4 Procedure for collection.

At least 30 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States certified mail, return receipt requested, postage prepaid, mail to the owner the notice required by this subsection.

If, within 30 days of mailing the notice in accordance with § 124-4A, the certified mail is refused or unclaimed or the return receipt is not received, then at least 10 days prior to assessing or imposing attorney's fees in connection with the collection of a delinquent account, the Township shall, by United States first-class mail, mail to the owner the notice required by this subsection.

The notice required by this subsection shall be mailed to the owner's last-known post office address by virtue of the knowledge and information possessed by the Township and by the county office responsible for assessments and revisions of taxes. It shall be the duty of the Township to determine the owner's last post office address known to said collector and county assessment office.

The notice to the owner shall include the following:

(1)

A statement of the Township's intent to impose or assess attorneys' fees within 30 days of mailing the notice pursuant to § 124-4A or within 10 days of the mailing of the notice pursuant to § 124-4B.

(2)

The manner in which the imposition or assessment of attorneys' fees may be avoided by payment of the delinquent account.

§ 124-5 Costs to be added to unpaid claims.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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

The Township and any attorney or private collector collecting delinquent municipal claims on behalf of the Township are hereby authorized to accept payment of delinquent municipal claims by credit card or debit card. Where payment is by credit card or debit card, any charges or fees charged by the credit card or debit card company and/or the credit card or debit card servicing agent shall become part of the delinquent municipal claim and be charged immediately to the credit card or debit card used to make payment. Such applies to credit card or debit card payments made by mail, telephone, the internet or in person.

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