[Ord. 704, 4/28/2011, § 1]
To each municipal lien duly filed by Warminster Township in
accordance with the provisions of any Township ordinance and pursuant
to the Municipal Claims and Tax Liens Law, 53 P.S. § 7143,
there shall be added interest at the rate of 10% per annum, calculated
in accordance therewith.
[Ord. 704, 4/28/2011, § 2]
The words, phrases and provisions of this Part 9A are not to
be interpreted in a way that results in an absurd construction of
the meaning or in a way that causes one provision to contradict another.
[Ord. 704, 4/28/2011, § 3]
The provisions of this Part 9A shall be liberally construed
to effectively carry out the purposes that are hereby found and declared
to be in furtherance of the public health, safety, welfare and convenience.
[Ord. No. 760, 12/19/2019]
1.
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.
Legal fees.
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Initial review and sending first legal demand letter
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$175
|
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File Lien and prepare Satisfaction
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$250
|
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Prepare Writ of Scire Facias
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$250
|
|
Prepare and mail letter under Pa. R.C.P. 237.1
|
$50
|
|
Prepare Default Judgement
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$175
|
|
Research, prepare and obtain Re-issued Writ
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$175
|
|
Prepare Praecipe to Amend
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$100
|
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Prepare and present Motion to Amend
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$200
|
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Obtain vehicle identification number (VIN) for mobile home
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$100
|
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Prepare Motion for Alternate Service
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$250
|
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Prepare Motion to Consolidate Claims
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$250
|
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Prepare Motion to Add United States as Defendant
|
$175
|
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Prepare Pre-Trial Memorandum
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$200
|
|
Prepare Petition for Judgment for Want of Sufficient Affidavit
of Defense pursuant to 53 P.S. § 7271
|
$175
|
|
Prepare Writ of Execution
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$800
|
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Attendance at sale; review schedule of distribution and resolve
distribution issues
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$400
|
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Continue sheriff sale
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$50
|
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Prepare and present Petition for Free and Clear Sale
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$400
|
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Services not covered above
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Hourly rate between $75 and $275 per hour
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Collection fees.
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Notice of delinquent claim and fee shifting
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$40 per notice, plus applicable postage
|
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Bookkeeping fee for payment plan of 3 months or less
|
$25
|
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Bookkeeping fee for payment plan of more than 3 months
|
$50
|
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Handling fee for returned check
|
$25
|
[Ord. No. 760, 12/19/2019]
In addition to the fees set forth in Section 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 and
charges, shall be added to the Unpaid Claims.
[Ord. No. 760, 12/19/2019]
The Township authorizes any attorney or private collector collecting
the Unpaid Claims on behalf of the Township 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.
[Ord. No. 760, 12/19/2019]
Interest will be assessed upon the Unpaid Claims at a rate of
10% per annum and added to the Unpaid Claims.
[Ord. No. 760, 12/19/2019]
1.
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 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 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 Ordinance 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.
[Ord. No. 760, 12/19/2019]
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 Ordinance.
[Ord. No. 760, 12/19/2019]
The Township 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, on behalf of the Township.
