The Borough 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 53 P.S. § 7106. The Borough may hire a private
company to perform this service and add the amount of this charge
to the unpaid claims.
B. Legal fees.
Initial review and sending first demand letter
|
$175
|
File lien and prepare satisfaction
|
$250
|
Prepare writ of scire facias
|
$250
|
Research, prepare and obtain reissued writ
|
$75
|
Prepare and mail letter under Pa.R.C.P. 237.1
|
$50
|
Prepare motion for alternate service
|
$250
|
Prepare praecipe to amend
|
$50
|
Prepare and present motion to amend
|
$200
|
Obtain vehicle identification number (VIN) for mobile home
|
$100
|
Prepare motion to consolidate claims
|
$250
|
Prepare motion to add United States as defendant
|
$175
|
Prepare pre-trial memorandum
|
$150
|
Prepare petition for judgment for want of sufficient affidavit
of defense pursuant to 53 P.S. § 7271
|
$150
|
Prepare default judgment
|
$175
|
Prepare writ of execution
|
$800
|
Attendance at sale; review schedule of distribution and resolve
distribution issues
|
$400
|
Continue sheriff sale
|
$50
|
Prepare and present petition for free and clear sale
|
$400
|
Services not covered above
|
At an hourly rate between $60 to $275 per hour
|
C. Collection fees.
Bookkeeping fee for payment plan of three months or less
|
$25
|
Bookkeeping fee for payment plan of more than three months
|
$50
|
Handling fee for returned check
|
Bank charge, if any
|
D. Payoff fee.
Providing guaranteed payoff to third parties
|
$25
|
In addition to the fees set forth in §
56-2 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 chapter 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 chapter.
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, necessary for that limited purpose, on behalf of the Borough.