[Adopted 3-25-2020 by Ord. No. 3068]
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 of fee-shifting 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. The Township may hire a private
company to perform this service and add the amount of this charge
to the unpaid claims.
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 to
$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) Handling fee for returned check: bank charge, if any.
In addition to the fees set forth in §
367-1 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in the collection of the unpaid taxes, including, but not limited to, postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees and charges, shall be added to the unpaid taxes.
The Township authorizes any attorney or private collector collecting
the unpaid taxes to accept payment of the unpaid taxes by credit card
or debit card. When payment is made by credit card or debit card,
any fees charged by the credit card company, debit card company, credit
card servicing agent, 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 taxes at a rate of
10% per annum and added to the unpaid taxes.
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 tax 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 (collectively, the "property
owner").
B. If the certified mail notice is undelivered, then at least 10 days
prior to assessing or imposing such attorneys' 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 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 attorneys'
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 imposition or assessment of attorneys' 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.
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 taxes 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 Township.
Except as specifically hereby amended, the general laws of the
Township of Upper Darby are hereby ratified and confirmed in their
entirety. Any ordinance or part of ordinance to the extent that it
is inconsistent herewith is hereby repealed.
If any provision or part of this article is held invalid, the
remaining provisions or parts of this article shall not be affected
thereby. If the application of this article or any of its provisions
or parts to any persons, property or circumstances is held invalid,
the application of this article to other persons, property or circumstances
shall not be affected thereby.
This article shall become effective 30 days following final
adoption by the Township Council and publication as required by law.