Easttown Township's Solicitor is hereby authorized to file municipal
claims against Easttown Township property owners ("property owners")
for properties which are located within Easttown Township (the "Township")
and for which municipal accounts are delinquent or taxes unpaid due
to nonpayment by the property owners, or for which money is otherwise
owed to the Township due to costs incurred due to the property owner's
violation of Township codes, ordinances or regulations (those properties
hereinafter being referred to as "delinquent properties").
[Amended 6-2-2014 by Ord.
No. 422-14; 11-21-2022 by Ord. No. 454-22]
A. Attorney fees and collection fees to be added to the MCTLA unpaid
claims. The attorney 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, 53 P.S. § 7101 et seq., as amended
("MCTLA or the "Act"). 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 as follows:
(1) Attorney fees.
Initial review and sending first legal demand letter
|
$175
|
File lien and prepare satisfaction
|
$250
|
Prepare writ of scire facias
|
$250
|
Prepare and mail letter under Pa.R.C.P. 237.1
|
$50
|
Prepare default judgment
|
$175
|
Research, prepare and obtain re-issued 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 sheriffs' sale; review schedule of distribution
and resolve distribution issues
|
$400
|
Prepare motion to continue sheriffs' 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 to $275 per hour
|
(2) Collection fees.
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
|
B. Additional amounts. In addition to the collection fees set forth
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 (YIN)
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.
C. Interest. 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.
D. Appointment of special collection solicitor. The Township appoints
Michelle R. Portnoff, Esquire, as Special Collection 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.