[HISTORY: Adopted by the Board of Supervisors of the Township of Moore as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2012 by Ord. No. 2012-07]
Pursuant to the Municipal Claims and Tax Lien Act, 53 P.S. § 7143, interest on any municipal lien filed by Moore Township shall accrue at a rate of 10% per annum and shall be collectible on all municipal claims from the date of the completion of the work after it is filed as a lien, and on claims for taxes, water rents or rates, lighting rates or sewer rates from the date of the filing of the lien thereof.
After April 24, 2006, where municipal claims are filed arising out of a municipal project which requires the municipality to issue bonds to finance the project, interest rates shall be collectible on such claims at the rate of interest of the bond issue or at the rate of 12% per annum, which ever is less.
Where the provisions of any other act relating to claims for taxes, water rents or rates, lighting rates, power rates, sewer rents or rates or for any other type of municipal claim or lien which utilizes the procedures provided for in the Municipal Claims and Tax Liens Act and where the provisions of such other Act establishes a different rate of interest for such claims or liens, the maximum rate of interest of 10% per annum as provided for in this section shall be applicable to all claims and liens provided under such other Acts.
If any section, subsection, paragraph, clause, or provision of this article shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this article as a whole or in part as it was the intent of Board of Supervisors to adopt said article even if said provision was not included.
All ordinances or parts thereof which are contradictory with the provisions hereof are repealed to the extent of such inconsistencies.
[Adopted 3-3-2020 by Ord. No. 2020-01; amended in its entirety 8-2-2022 by Ord. No. 2022-3]
A. 
The attorney fees and collection fees set forth below are hereby adopted, approved and determined to be responsible, including, without limitation, as contemplated by Section 7106 of the Act.[1] 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 § 173-7.
(1) 
Attorney fees.
(a) 
Initial review and sending first legal demand letter: $175.
(b) 
File lien and prepare satisfaction: $250.
(c) 
Prepare writ of scire facias: $250.
(d) 
Prepare and mail letter under Pa.R.C.P. No. 237.1: $50.
(e) 
Prepare default judgment: $175.
(f) 
Research, prepare and obtain reissued writ: $175.
(g) 
Prepare praecipe to amend: $100.
(h) 
Prepare motion to amend: $150.
(i) 
Prepare motion for alternate service: $250.
(j) 
Prepare motion to consolidate claims: $250.
(k) 
Amend claim to add United States as defendant: $250.
(l) 
Prepare writ of execution: $800.
(m) 
Preparation for sheriff's sale; review schedule of distribution and resolve distribution issues: $400.
(n) 
Prepare motion to continue sheriff's sale: $50.
(o) 
Prepare petition for free and clear sale: $400.
(p) 
Preparation and service of subpoena: $100.
(q) 
Presentation of Motion or Petition: $50.
(r) 
Services not covered above: at an hourly rate between $75 and $275 per hour.
(2) 
Collection fees.
(a) 
Validation notice: $25 per notice.
(b) 
Notice of delinquent claim and fee shifting: $40 per notice, plus applicable postage.
(c) 
Bookkeeping fee for payment plan of three months or less: $25.
(d) 
Bookkeeping fee for payment plan of more than three months: $50.
(e) 
Handling fee for returned check: $25.
[1]
Editor's Note: See 53 P.S. § 7106.
B. 
In addition to the collection fees set forth under Subsection A(2) above, the amount of 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.
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.
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.
Should any section, paragraph, clause or phrase of this article be declared unconstitutional or invalid by legislation or a court of competent jurisdiction, the remainder of this article shall not be affected thereby, and shall remain in full force and effect.
All prior ordinances, resolutions and/or other official acts or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies.