Township of Upper Macungie, PA COLLECTION OF DELINQUENT TAXES, CLAIMS, AND CHARGES

The Attorney Fees and Collection Fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by 53 P.S. § 7106. The Attorney Fees and Collection Fees set forth below shall be included and added to the applicable MCTLA Unpaid Claim in an amount equal to the amount set forth in this section.

	Attorney Fees	Fees for Services
	Initial review and sending first legal demand letter	$175
	File Lien and prepare Satisfaction	$250
	Prepare for Writ of Scire Facias	$250
	Prepare and mail letter under Pennsylvania R.C.P. § 237.1	$50
	Prepare Default Judgment	$175
	Research, prepare and obtain Reissued Writ	$175
	Prepare Praecipe to Amend	$100
	Prepare Motion to Amend	$150
	Prepare Motion for Alternate Service	$250
	Prepare Motion to Consolidate Claims	$250
	Amend claim to Add United States as Defendant	$250
	Prepare Writ of Execution	$800
	Preparation for sheriff's sale; review schedule of distribution and resolve distribution issues	$400
	Prepare Motion to Continue sheriff sale	$50
	Prepare Petition for Free and Clear Sale	$400
	Preparation and service of Subpoena	$100
	Presentation of Motion or Petition	$50
	Services not covered above	At an hourly rate between $75 and $275 per hour

Collection Fees.

	Collection Fees	Fees for Services
	Validation notice	$25 per notice
	Notice of delinquent claim and fee shifting	$40 per notice, plus applicable postage
	Bookkeeping fee for payment plan of 3 months or less	$25
	Bookkeeping fee for payment plan of more than 3 months	$50
	Handling fee for returned check	$25

§ 1-502 Costs to be Added to the Unpaid Claims.

[Amended by Ord. No. 2022-17, 12/1/2022]

In addition to the Collection Fees set forth in § 1-501 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions, and fees incurred in connection with the filing, preservation and collection of the MCTLA Unpaid Claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA Unpaid Claim.

§ 1-503 Credit Card and Debit Card Charges.

The Township authorizes any attorney or private collector collecting the unpaid Claims to accept payment of the Unpaid Claims 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.

§ 1-504 Interest.

[Amended Ord. No. 2022-17, 12/1/2022]

Interest will be assessed upon the Unpaid Claims at a rate of 10% per annum and added to the Unpaid Claims. The Township is permitted to waive any interest on any Unpaid Claim when the Township or any attorney and/or third-party collector collecting the Unpaid Claim believes, in its discretion, that such amount is de minimis or that the cost or burden of continuing collection outweighs the benefit of collecting the interest.

§ 1-505 Collection Procedures.

The following collection procedures are hereby established in accordance with the Act:

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").

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.

All notices required by this Part 5 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.

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 imposition or assessment 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.

§ 1-506 Related Action.

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 Part 5.

§ 1-507 Appointment of Solicitor.

[Added by Ord. No. 2022-17, 12/1/2022]

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.