[HISTORY: Adopted by the Board of Supervisors of the Township of Weisenberg as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-2022 by Ord. No. 2022-3; amended in its entirety 6-12-2023 by Ord. No. 2023-3]
A. 
The attorneys' fees and collection fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Municipal Claims and Tax Liens Act (MCTLA).[1] The attorneys' 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 § 336-1.
(1) 
Attorneys' 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.Crim.P. 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 to $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.
This article shall take effect on the earliest date permitted pursuant to applicable law.