[Ord. 995, 12/10/2003]
[Ord. 995, 12/10/2003]
1.
Flat Fee. The following schedule of attorney fees is hereby adopted
and approved as reasonable attorney fees pursuant to the Act for all
matters which fees shall be awarded to the Borough, its agents, counsel
or assigns in each action initiated pursuant to the Act for the collection
of unpaid municipal claims as defined under the Act. The property
owner's obligation to pay the full amount of the flat fee for each
phase of each action shall accrue upon the initiation of any aspect
of each phase. The full amount of each flat fee for each prior phase
of any proceeding shall carry over and be due on a cumulative basis
together with the flat fee for each subsequent phase.
A.
Filing of Municipal Claim. The sum of $150 shall constitute reasonable
attorney fees for a short title examination, preparation and filing
of municipal claims as defined under the Act.
B.
Title Search. The sum of $250 shall constitute reasonable attorney
fees and expenses for the title search necessary for the initiation
of each proceeding and compliance with Pa. R.C.P. § 3129.
C.
Preparation and Service of Writ of Scire Facias or Complaint in Assumpsit
as Provided in the Act. The sum of $450 shall constitute reasonable
attorney fees for the initiation of each proceeding,, including service
of process and notice pursuant to Pa. R.C.P. § 237 plus
case close-out and the settlement and discontinuance of each proceeding.
(1)
Federal Tax Liens, Judgments and Mortgages. The sum of $200
shall constitute reasonable attorney fees for all matters necessary
to properly notify and serve the United States with all required additional
notice and the presentation of related motions to court where there
are federal tax liens, federal judgments, federal mortgages or other
record federal interests.
(2)
Alternative Service of Legal Pleadings. In the event that a
special order of court is necessary to serve original process as well
as any other pleading, notice, court order or any other document,
the following amounts shall constitute reasonable attorney fees as
follows:
D.
Entry of Judgment. The sum of $250 shall constitute reasonable attorney
fees for the entry of judgment, whether by default, upon motion for
judgment, upon award or verdict or by consent.
E.
Writ of Execution; Sheriff's Sale of Property or Other Form of Execution
on Any Entered Judgment Upon Complaint in Assumpsit. The sum of $700
shall constitute reasonable attorney fees for preparation of all documents
necessary for execution upon any judgment pursuant to the Act.
F.
Second Sale Free and Clear. The sum of $700 shall constitute reasonable
attorney fees for a second sale, free and clear of all liens, claims,
mortgages, charges and estates pursuant to § 7281 and/or
§ 7282 of the Act, including preparation of necessary documents,
service, court appearances, attendance at second sale and preparation
of proposed Sheriff's distribution.
G.
Installment Payment Agreement. The sum of $150 shall constitute reasonable
attorney fees for preparation of any written installment payment agreement.
2.
Hourly Rate Matters. The following schedule of attorney fees is hereby
adopted and approved as reasonable attorney fees pursuant to the Act
which fees shall be awarded to the Borough, its agents, counsel or
assigns as compensation in all contested matters, actions in assumpsit
and in all other actions, not specifically referenced in Subseciton
1, above undertaken in connection with the collection of a delinquent
account under the Act:
A.
Attorneys: $135 per hour.
B.
Paralegals: $75 per hour.
C.
Law Clerks: $75 per hour.
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Each as recorded and charged in units of 1/10th of an hour for
all time devoted to enforcement and collection of the Borough's claims.
Counsel, whether duly employed or duly appointed by the Borough, its
agents or assigns, shall not deviate from this fee schedule plus any
authorized escalation provided below absent an ordinance amending
the same. Hourly rate matters are any matters where any defense, objection,
motion, petition or appearance is entered in any phase of any proceeding
by or on behalf of any defendant or other interested party.
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[Ord. 995, 12/10/2003]
1.
Required Notice. The notice required by the Act shall be provided
in accordance therewith and shall be incorporated into an appropriate
delinquency notice or notices sent by the Borough, its agent, counsel
or assigns.
2.
Fees to be Accrued and Claims to be Filed. Fees shall accrue for all efforts in collection after the thirtieth day following the notice provided under Subsection 1 of this section and the Act or after the tenth day of any required second notice on all accounts referred to counsel for enforcement. Fees accumulated as a result of enforced collection shall be certified by duly appointed counsel for the Borough authorized to pursue collection of municipal claims pursuant to the Act, or by counsel for the Borough's agents or assigns and, if not collected in due course with the debt as by voluntary agreement, shall be included in all municipal claims filed on behalf of the Borough or by its agents or assigns in the course of enforcement, including any municipal claim originally filed with the Prothonotary, any municipal claim filed with the Sheriff or any other municipal claim filed or statement provided where attorney fees are due.
3.
There shall be added to the above amounts, the reasonable out-of-pocket
expenses of counsel in connection with each of these services, including
costs, fees, and expenses associated with the Court, Prothonotary,
Sheriff or other relevant office.
4.
The amount of fees determined as set forth above shall be added to
the municipal claim in each proceeding.
[Ord. 995, 12/10/2003]
1.
The following schedule of charges, expenses and fees is hereby approved
and adopted by the Borough pursuant to the Act, 53 P.S. §§ 7101,
7103 and 7106, as amended, which recordkeeping services are necessary
and are the direct result of each person's failure to pay municipal
claims in a timely manner.
A.
Schedule. The following schedule of charges, expenses and fees shall
constitute reasonable and appropriate charges, expenses and fees for
each indicated record keeping service. The charges, expenses and fees
shall be added to each municipal claim and become part of the municipal
claim in addition to the principal, together with all penalties, interest,
costs and attorney fees and shall be payable in full for each municipal
claim before the discharge or satisfaction of any municipal claim.
The below schedule of charges, expenses, and fees is separate and
distinct from any costs or fees imposed by the Sheriff, Prothonotary,
Court or any other public office in connection with the collection
of Borough's municipal claims.
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(1)
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Assignments
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$5 per lien
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(2)
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Lien Satisfactions
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$5 per lien
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(3)
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Tax Lien Revivals (i.e. S & A)
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$10 per lien
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(4)
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Municipal Claim Revivals
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$15 per claim
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(5)
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No Lien Letter (Claims)
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$25 per letter
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(6)
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Tax Certifications (for liened delinquent real estate taxes
only)
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$10 per year
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(7)
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Servicing including staffing, computers, office space, telephones,
equipment, materials and postage
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5% of Gross Collections $100.01 and over; 10% of Gross Collections
$100 and under
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(8)
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Postage
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Actual cost
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[Ord. 995, 12/10/2003]
This Part shall take effect on the date of enactment and with respect to attorney fees pursuant to §§ 1-602 and 1-603 shall apply to municipal claims filed in 1990 and thereafter, or as otherwise required by law. In no event shall the Borough or its assigns' right to charge and assess reasonable attorney fees under the Act or charges, fees and expenses pursuant to § 7103 and § 7106 of the Act be impaired by the fact that any municipal claim may also include any amounts for claims filed prior to 1990. The charges, expenses and fees set forth in § 1-604 of this Part relate to all unpaid municipal claims in favor of the Borough, its agents and assigns, and shall be retroactive to the date of each municipal claim.
[Ord. 995, 12/10/2003]
The Borough assigns the provisions of this Part to any assignee
of its municipal claims. Assignee shall have and hold all rights of
the Borough to recover reasonable attorney fees as well as expenses,
charges and fees in the amounts set forth in this Part incurred in
the collection of each municipal claim assigned and in all future
assignments and transfers of municipal claims by the Borough. The
Borough and the duly authorized agents shall retain all rights to
charge reasonable attorney fees, expenses, charges and fees in accordance
with the provisions of this Part in actions commenced under the Act
and for record keeping services for municipal claims retained by the
Borough.
[Ord. 1009, 5/11/2005]
1.
The Borough approves and adopts the Delinquent Tax Collection Schedule
of Costs attached hereto and made a part of this Part 6A to be imposed
by Berkheimer and any other collector of Borough delinquent taxes
levied under Act 511, upon any taxpayer whose taxes are or become
delinquent and/or remain due and unpaid.
2.
Berkheimer, and any other collector of Borough delinquent taxes levied
under Act 511, is authorized to retain said costs of collection set
forth in the attached schedule incurred in recovering delinquent taxes
and assessed to the delinquent taxpayer as allowed by law.
