[HISTORY: Adopted by the Borough Council
of the Borough of Edgeworth 2-17-2004 by Ord. No. 490. Amendments noted where
applicable.]
This chapter shall be known as the "Tax, Tax
Claim, Tax Lien, Municipal Claim and Municipal Lien Attorney Fees
and Servicing Charges, Expenses and Fees Ordinance."
A.
Title search. In any enforcement proceeding, the actual
cost of a title search in an amount not to exceed $250 shall constitute
a reasonable expense for each title search necessary for the initiation
of each proceeding and compliance with Pa. R.C.P. § 3129.
The sum not to exceed $50 shall constitute a reasonable expense for
each bringdown or update of the title search in connection with entry
of judgment, issuance of execution, listing for sale, or other action.
B.
Actual out-of-pocket expenses in connection with any
enforcement action, such as for postage, non-Sheriff's service of
process, investigation of the whereabouts of interested parties and
other necessary expenses shall constitute reimbursable expenses as
part of each claim recovered.
A.
Flat fee matters. The following schedule of attorney
fees is hereby adopted and approved as reasonable attorney fees pursuant
to Act 1 and Act 20[1] for all matters described, which fees shall be awarded
to the municipality, its agents, counsel or assigns in each action
initiated pursuant to the Act for the collection of unpaid claims.
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 the proceeding shall carry over and be due on
a cumulative basis together with the flat fee for each subsequent
phase.
(1)
Filing of municipal claim. The sum of $150 shall constitute
reasonable attorney fees for the preparation and filing of a municipal
claim as defined under the Act.
(2)
Title search. The actual cost of a title search in
an amount not to exceed $250 shall constitute a reasonable expense
for the title search necessary for the initiation of each proceeding
and compliance with Pa. R.C.P. § 3129. The sum not to exceed
$40 shall constitute a reasonable expense for each bringdown or update
of the title search.
(3)
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
and shall include preparation and filing of the praecipe for writ
of scire facias or complaint in civil action. Sheriff's direction
for service, notice pursuant to Pa. R.C.P. § 237.1 and the
preparation and filing of the praecipe to settle and discontinue the
proceeding. The above does not include:
(a)
Federal tax liens, judgments and mortgages. Where
there are federal tax liens, federal judgments, federal mortgages
or other record federal interests, 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 notices and
the presentation of related motions to court.
(b)
Alternative service of legal pleadings. In the event
that a special order of court is necessary to serve original process
or any other pleading, notice, court order or other document, the
following amounts shall constitute reasonable attorney fees as follows:
(4)
Entry of judgment. The sum of $225 shall constitute
reasonable attorney fees in connection with entry of judgment which
shall include preparation and filing of the praecipe to enter judgment,
notices of judgment, affidavit of nonmilitary status, and the praecipe
to satisfy judgment.
(5)
Writ of execution; sheriff's sale of property
or execution upon assumpsit judgment. The sum of $700 shall constitute
reasonable attorney fees for preparation of all documents necessary
for each execution upon any judgment pursuant to the Act. This sum
shall include the preparation and filing of the praecipe for writ
of execution, all Sheriff's documents, preparation and service
of notices of Sheriff's sale, staying the writ of execution,
and attendance at one Sheriff's sale.
(a)
Postponements. The sum of $100 shall constitute reasonable
attorney fees for each continuance of Sheriff's sale at the request
of the defendant.
(6)
Sale pursuant to § 31 of the Act, 53 P.S.
§ 7281. The sum of $700 shall constitute reasonable attorney
fees for the sale of property pursuant to § 31 of the Act,
53 P.S. § 7281, including preparation and service of necessary
documents, court appearances, attendance at sale and preparation of
proposed schedule of distribution of the proceeds realized from such
sale.
(7)
Sale pursuant to § 31.1 of the Act, 53 P.S.
§ 7282. The sum of $500 shall constitute reasonable attorney
fees for a sale of property pursuant to § 31.1 of the Act,
53 P.S. § 7282, including the preparation of necessary documents,
service, court appearances, and the preparation of proposed Sheriff's
schedule of distribution.
(8)
Installment payment agreement. The sum of $150 shall
constitute reasonable attorney fees for the preparation of each written
installment payment agreement.
(9)
Motions. The sum of $200 shall constitute reasonable
attorney fees for the preparation, filing, and presentation of motions,
other than for alternative service, which shall include, but are not
limited to, motions to reassess damages, motions to amend caption,
motions to continue the Sheriff's sale.
[1]
Editor's Note: See 53 P.S. § 7106.
B.
Hourly rate matters. The following schedule of attorney
fees is hereby adopted and approved as reasonable attorney fees pursuant
to Act 1 and Act 20,[2] which fees shall be awarded to the municipality, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in § 3-3A above, undertaken in connection with the collection of claims: senior attorneys, practicing law for 10 years or more, $185 per hour; junior attorneys practicing law for less than 10 years, $160 per hour; paralegals, $100 per hour; law clerks, $65 per hour; each as recorded and charged in units of 1/10th of an hour for all time devoted to enforcement and collection of the municipality's claims. Counsel, whether duly employed or duly appointed by the municipality, its agents or assigns, shall not deviate from this fee schedule absent a subsequent ordinance amending the same. Hourly rate matters include, but are not limited to, 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.
[2]
Editor's Note: See 53 P.S. § 7106.
A.
Required notice. The notice required by the Act, as
amended, 53 P.S. § 7106, shall be provided in accordance
therewith and shall be incorporated into an appropriate delinquency
notice or notices sent by the municipality, its agent, counsel or
assigns.
B.
Fees to be accrued and claims to be filed. Fees shall
accrue for all efforts in collection after the 30th day after the
notice, or after the 10th day of any required second notice under
the Act, as amended, 53 P.S. § 7106, 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 municipality
authorized to pursue collection of claims pursuant to the Act, or
by counsel for the municipality's agents or assigns and, if not
collected in due course with the debt as by voluntary payment, shall
be included in any claims filed on behalf of the municipality or by
its agents or assigns in the course of enforcement including any claims
originally filed with the prothonotary, any claims filed with the
Sheriff or in any other claims filed or statements provided where
attorney fees are due.
C.
The amount of fees determined as set forth above shall
be added to and become part of the claim or claims in each proceeding
as provided by the Act and as provided herein.
A.
The following schedule of charges, expenses and fees (hereinafter collectively referred to as "servicing fees") is hereby approved and adopted by the Municipality pursuant to § 1, § 2, and § 3 of the Act of May 16, 1923, as amended, 53 P.S. §§ 7101, 7103 and 7106, which amounts are the direct result of each person's or property's failure to pay claims promptly. The servicing fees established, assessed, and collected hereunder shall be in addition to the record costs, § 3-3 attorney fees and § 3-2, expenses associated with legal proceedings initiated by or on behalf of the municipality to collect its claims.
B.
Servicing of a claim or claims may result in voluntary payment without the initiation of enforcement proceedings. It is the intent of this § 3-5 to pass the cost of servicing on to the delinquent person or property as part of each claim. The recovery of servicing fees established herein shall not be contingent upon the initiation of enforcement proceedings. However, such servicing fees are due even where enforcement proceedings are initiated. The purpose of this section is to pass the cost and expense associated with delinquent collection on to the delinquent person or property and to make the municipality whole on all claims collected.
C.
Schedule. The following schedule of fees shall constitute
reasonable and appropriate servicing fees for each indicated service.
The servicing fees shall be added to and become part of the municipality's
claims, together with the face, penalties, interest, costs and attorney
fees and shall be payable in full before the discharge or satisfaction
of any claim. The schedule of fees is separate and distinct from any
amounts imposed by the Sheriff, prothonotary, Court or any other public
office in connection with the collection of the municipality's
claims.
(1)
Assignments: $5 per claim.
(2)
Filing tax liens: $5 per item.
(3)
Satisfactions: $5 per claim.
(4)
Tax claim revivals (i.e., S&A): $10 per claim.
(5)
Municipal claim revivals: $15 per claim.
(6)
Municipal claim short title examination: $35 per claim.
(7)
Docket service fees: $1.75 per item.
(8)
Sheriff sale claim certificates: $50 per case.
(9)
Claim certifications: $10 per year.
(10)
Postage: actual cost.
A.
This chapter shall take effect on the date of enactment set forth below and with respect to attorney fees pursuant to §§ 3-3 and 3-4 shall apply to all taxes, tax claims, tax liens, municipal claims, municipal liens, writs of scire facias, judgments, or executions filed on or after December 19, 1990, or as otherwise provided by law.
B.
In no event shall the Municipality's right to charge and collect reasonable attorney fees pursuant to § 3-3 of this chapter be impaired by the fact that any claim may also include an attorney commission of 5% for claims filed prior to December 19, 1990. Any attorney fees assessed and collected under this or any prior ordinances pursuant to Act 1[1] shall be in addition to any 5% commission previously included
in any claim or judgment thereon.
[1]
Editor's Note: See 53 P.S. § 7106.
C.
Attorney fees and expenses incurred in pending enforcement
proceedings prior to the effective date of this chapter, pursuant
to a prior ordinances adopted under Act 1, but not collected, shall
remain due and owing in accordance therewith, and shall be incorporated
in any future statement, claim, pleading, judgment, or execution.
Attorney fees and expenses in any pending or new action incurred after
the effective date of this chapter shall be incurred, charged, and
collected in accordance with the schedules and procedures set forth
in this chapter.
The municipality assigns the provisions of this
chapter to any assignee of its claims unless the assignment limits
the assignee's ability to collect such amounts. The municipality
and its duly authorized agents and their counsel shall retain all
rights to charge reasonable attorney fees, charges, expenses, and
fees in accordance with the provisions of this chapter in actions
commenced under the Act and for servicing any claims retained by the
municipality.
