[Adopted 5-8-2006 by Ord. No. 245]
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."
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.
A. Filing or municipal claim. The sum of $150 shall constitute
reasonable attorney fees for the preparation and filing of a municipal
claims as defined under the Act.
B. 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:
(1) 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 notice and
the presentation of related motions to court.
(2) 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:
(a)
Investigation of defendant's whereabouts and
preparation of affidavit of diligent search: $100.
(b)
Preparation and presentation of motion for alternative
service, and delivery of the order of court, along with appropriate
directions to the Sheriff for service: $200.
C. 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.
D. Writ of execution for Sheriffs 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 Sheriffs documents, preparation and service of notices
of Sheriffs sale, staying the writ of execution, and attendance at
one Sheriffs sale.
(1) Postponements. The sum of $100 shall constitute reasonable
attorney fees for each continuance of Sheriffs sale at the request
of the defendant.
E. 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.
F. 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 Sheriffs schedule of distribution.
G. Installment payment agreement. The sum of $150 shall
constitute reasonable attorney fees for the preparation of each written
installment payment agreement.
H. 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 Sheriffs sale.
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.