[HISTORY: Adopted by the Council of the City of Easton 9-13-2023 by Ord. No. 5832.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 369, Municipal Claims and Liens, adopted 12-15-2004 by Ord. No. 4605(Art. 361 of the 1965 Codified Ordinances), as amended.
A. 
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 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 § 369-1.
(1) 
Attorney fees.
Legal Service
Fee
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. No. 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's 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
(2) 
Collection Fees.
Collection Service
Fee
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]
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 City is permitted to waive any interest on any Unpaid Claim when the City 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 City authorizes the Portnoff Law Office to designate an Attorney to act as Solicitor for the limited purpose of collecting the unpaid claim and hereby authorizes any attorneys employed by Portnoff Law Associates, Ltd., to sign any and all documents, including municipal claims and liens, on behalf of the City. The City Solicitor's Office retains concurrent jurisdiction to perform such services.
Should any section, paragraph, clause or phrase of this chapter be declared unconstitutional or invalid by legislation or a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.
A. 
Inconsistencies. All prior ordinances, resolutions and/or other official acts or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies.
B. 
All ordinances or parts or ordinances inconsistent herewith be and the same are hereby repealed.
This chapter shall take effect 30 days following adoption by Council.