[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-19-2006 by Ord. No. 345]
This article 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 as set forth from time to time
by resolution of the Board of Supervisors, 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, as set forth
from time to time by resolution of the Board of Supervisors, 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.
[Amended 4-20-2016 by Ord. No. 408]
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.
[Amended 4-20-2016 by Ord. No. 408]
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 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. Fees for the following shall be as set forth from time to time
by resolution of the Board of Supervisors:
(1)
Filing of municipal claim: reasonable attorney fee
for the preparation and filing of a municipal claim as defined under
the Act.
(2)
Preparation and service of writ of scire facias or
complaint in assumpsit as provided in the Act: 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 as set forth from time
to time by resolution of the Board of Supervisors 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.
(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 amounts as set forth from time to time by resolution of the Board
of Supervisors shall constitute reasonable attorney fees for the following:
(3)
Entry of judgment: 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 non-military status, and the praecipe to satisfy judgment.
(4)
Writ of execution, Sheriff's sale of property or execution
upon assumpsit judgment: 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 as set forth from time
to time by resolution of the Board of Supervisors shall constitute
reasonable attorney fees for each continuance of Sheriff's sale at
the request of the defendant.
(5)
Sale pursuant to § 431 of the Act, 53 P.S.
§ 7281: 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.
(6)
Sale pursuant to § 31.1 of the Act, 53 P.S.
§ 7282: 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.
(7)
Installment payment agreement: reasonable attorney
fees for the preparation of each written installment payment agreement.
(8)
Motions: 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.
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, 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 § 153-3A, above, undertaken in connection with the collection of claims. Fees for the following shall be as set forth from time to time by resolution of the Board of Supervisors:
(1)
Senior attorneys (practicing law for 10 years or more).
(2)
Junior attorneys (practicing law for less than 10
years).
(3)
Paralegals.
(4)
Law clerks.
|
Each as recorded and charged in units of 1/10
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.
|
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; § 153-3, Attorney fees; and § 153-2, 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 § 153-5 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.
Fees for the following shall be as set forth from time to time by
resolution of the Board of Supervisors:
(1)
Assignments;
(2)
Filing tax liens;
(3)
Satisfactions;
(4)
Tax claim revivals (i.e., S&A);
(5)
Act 1/Act 20 compliance;
(6)
Filing municipal claim and filing municipal claim
revivals;
(7)
Municipal claim/short title examination;
(8)
Sheriff sale claim certificates;
(9)
Claim certifications;
(10)
Servicing including staffing, computers, office
space, telephones, equipment, and materials: for all delinquent and
liened taxes, tax liens, municipal claims (filed or unfiled) and municipal
liens;
(11)
Postage and court costs.
A.
This article shall take effect on the date of enactment set forth below and, with respect to attorney fees pursuant to §§ 153-3 and 153-4, 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 § 153-3 of this article 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 shall be in addition to any five-percent commission previously included in any claim or judgment thereon.
C.
Attorney fees and expenses incurred in pending enforcement
proceedings prior to the effective date of this article, 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 article shall be incurred, charged, and
collected in accordance with the schedules and procedures set forth
in this article.
The municipality assigns the provisions of this
article 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 article in actions commenced
under the Act and for servicing any claims retained by the municipality.
