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. Legal fees.
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
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Prepare and mail letter under Pa.R.C.P. 237.1
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$50
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Prepare default judgment
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$175
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Research, prepare and obtain reissued writ
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$175
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Prepare praecipe to amend
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$100
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Prepare motion to amend
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$150
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Present motion to amend
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$50
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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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Present motion for alternate service
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$50
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Prepare motion to consolidate claims
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$250
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Present motion to consolidate claims
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$50
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Prepare motion to add united states as defendant
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$175
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Present motion to add united states as defendant
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$50
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Prepare writ of execution
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$800
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Preparation for Sheriff's sale; review schedule of distribution
and resolve distribution issues
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$400
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Prepare motion to continue Sheriff sale
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$50
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Present motion to continue Sheriff sale
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$50
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Prepare petition for free and clear sale
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$400
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Present petition for free and clear sale
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$50
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Services not covered above
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At an hourly rate from $75 to $275 per hour
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B. Collection fees.
Notice of delinquent claim and fee shifting
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$40 per notice, plus applicable postage
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Validation notice
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$25 per notice
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Bookkeeping fee for payment plan of three months or less
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$25
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Bookkeeping fee for payment plan of more than three months
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$50
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Handling fee for returned check
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$25
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In addition to the fees set forth in §
182-1 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions and fees incurred in the collection of the unpaid claims, including but not limited to postage, title searches, VIN searches, prothonotary fees and charges, and sheriff fees and charges, shall be added to the unpaid claims.
The Borough 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.
Interest will be assessed upon the unpaid claims at a rate of
10% per annum and added to the unpaid claims. The Borough is permitted
to waive any interest owed by any property owner to the Borough when
the Borough or any attorney or private collector collecting the unpaid
claims 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 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 (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 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 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 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.
Any ordinance, resolution and/or other regulation of the Borough,
or any part of any ordinance, resolution and/or other regulation of
the Borough, conflicting with this chapter are hereby repealed insofar
as the same affects 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, on behalf of the Borough.