[Ord. 893, 10/1/2012, § 1]
The following collection procedures are hereby established in
accordance with 53 P.S. § 7101 et seq.:
A. Notice of Delinquency and Intention to File Lien. At least 30 days
prior to assessing or imposing attorney fees in connection with the
collection of an account and the filing of a tax lien, the Township
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the taxpayer or other entity
liable for the account (the "account debtor"). An administrative fee
actually incurred for mailing the notice of delinquency, of $50, being
a cost of collection under the Municipal Claims and Tax Liens Act,
shall be assessed. The Township shall be responsible with all postage
costs associated with said notice.
B. Undeliverable Notice of Delinquency and Intention to File Lien. If
the certified mail notice is undelivered, then, at least 10 days prior
to the assessing or imposing such attorney fees, the Township shall
mail or cause to be mailed, by first-class mail, a second notice to
such account debtor.
C. All notices required by this article shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, or such other address as it
may be able to obtain from the County Office of Assessment and Revision
of Taxes.
D. Each notice, as described above, shall include the following:
(1) The type of tax or other charge, the date it became due and the amount
owed, including penalty and interest;
(2) A statement of the Township's intent to impose or assess attorney
fees within 30 days after the mailing of the notice of delinquency,
or within 10 days after the mailing of the second notice pursuant
to Subsection B above;
(3) A statement of the Township's intent to file a tax lien within 30
days after mailing of the notice of delinquency, or second notice
if the notice of delinquency was undeliverable pursuant to Subsection
B above;
(4) The manner in which the assessment or imposition of attorney fees
may be avoided by payment of the account; and
(5) The place of payment for accounts and the name and telephone number
of the Township's representative designated as responsible for collection
matters.
E. The amount of fees determined as set forth below shall be added to
and become part of the claim or claims in each proceeding as provided
by the Act and as provided herein.
F. Any administrative fee actually incurred in the preparation of the
notice of delinquency, not to exceed $50, being a cost of collection
under the Municipal Claims and Tax Liens Act, shall be assessed against
the property as part of the lien.
[Ord. 893, 10/1/2012, § 2]
1. The Township hereby approves the following schedule of charges, expenses
and fees (hereinafter collectively referred to as "fees") in connection
with the collection of accounts, which is hereby determined to be
fair and reasonable compensation for the services set forth below,
all in accordance with the principles set forth in Section 3(a.l)
of the Municipal Claims Law, as added by Act No. 1 of 1996 (the "Act").
A. First Demand Letter. At least 30 days following the notice of delinquency
pursuant to § 901A or B, as referenced above, the Township
shall mail or cause to be mailed a first demand letter to the taxpayer
or other entity liable for the account (the "account debtor"). Said
letter shall include the following information: the type of tax or
other charge; the date it became due and the amount owed, including
penalty and interest; the manner in which the assessment or imposition
of further attorney fees may be avoided by payment of the account;
and the place of payment for accounts and the name and telephone number
of the Township representative designated as responsible for collection
matters. A fee of $160 per parcel shall be added to and become part
of the claim or claims in each proceeding as provided by the Act and
as provided herein.
B. Second Demand Letter. At least 30 days following the first demand letter pursuant to § 902, Subsection
1A, as referenced above, the Township shall mail or cause to be mailed a second demand letter to the taxpayer or other entity liable for the account (the "account debtor"). Said letter shall include the following information: the type of tax or other charge; the date it became due and the amount owed, including penalty and interest; the manner in which the assessment or imposition of further attorney fees may be avoided by payment of the account; and the place of payment for accounts and the name and telephone number of the Township representative designated as responsible for collection matters. A fee of $175 per parcel shall be added to and become part of the claim or claims in each proceeding as provided by the Act and as provided herein.
2. The fees established, assessed, and collected hereunder shall be
in addition to the record costs, § 903, Attorney Fees Approved,
as set forth below, 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
Township's claims.
FEES
|
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Legal Services
|
Fee
|
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Preparation, filing and satisfaction of tax lien
|
$20 per lien
|
Mailing of first demand letter with tax statement
|
$160 per parcel
|
Mailing of second demand letter with tax statement
|
$175 per parcel
|
Negotiation and preparation of installment plan agreements
|
$100 per claim; service fee of $3 per payment
|
Processing NSF checks
|
$20 per check
|
Assignments
|
$10 per claim
|
Tax claim revivals (i.e., S&A)
|
$10 per claim
|
Municipal claim revivals
|
$15 per claim
|
Municipal claim/short title examination
|
$35 per claim
|
Docket service fees
|
$1.75 per item
|
Sheriff sale claim certificates
|
$50 per case
|
Tax certifications
|
$50 per parcel
|
Postage
|
Actual cost
|
Services not covered above
|
An hourly rate ranging from $85 to $185 per hour
|
3. 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 bring-down
or update of the title search in connection with entry of judgment,
issuance of execution, listing for sale, or other action.
4. There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with each of these services, such
as for non-Sheriff's service of process or investigation of the whereabouts
of interested parties, as itemized in the applicable counsel bills,
which shall be deemed to be part of the fees.
5. The amount of fees determined as set forth above shall be added to
the Township's claim in each account.
[Ord. 893, 10/1/2012, § 3]
1. 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 Township, 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. Preparation and Service of Writ of Scire Facias. 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, 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 Proceedings. 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.
B. Entry of Judgment. The sum of $225 shall constitute reasonable attorney
fees in connection with the 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.
C. Writ of Execution. 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.
(1) Postponements. The sum of $100 shall constitute reasonable attorney
fees for each continuance of Sheriff's sale at the request of the
defendant.
D. 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 Sheriff's sale and preparation of proposed schedule
of distribution of the proceeds realized from such sale.
E. Installment Payment Agreement. The sum of $100 shall constitute reasonable
attorney fees for the preparation of each written installment payment
agreement.
F. 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.
G. Magistrate Hearing. The sum of $200 shall constitute reasonable attorney
fees for the preparation and filing of a complaint at the Magistrate
level, which shall include court appearance at the initial Magistrate
Hearing. Additional hearings resulting from postponements entered
on behalf of the defendant shall result in an additional fee of $200
per hearing. A postponement shall be considered a defense postponement
if the defendant is not prepared at the hearing to present his/her
case, enter into an installment payment agreement, or pay the delinquent
amount in its entirety. The Township shall be responsible for advancing
costs associated with collection efforts at the Magistrate.
2. Hourly Rate Matters.
A. 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 Township, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in § 903, Subsection
1, above, undertaken in connection with the collection of claims:
(1) Senior attorneys: $185 per hour.
(2) Junior attorneys: $165 per hour.
(3) Paralegals: $100 per hour.
(4) Law clerks: $85 per hour.
B. Each shall be recorded and charged in units of 1/10 of an hour for
all time devoted to enforcement and collection of the Township's claims.
Counsel, whether duly employed or duly appointed by the Township,
its agents or assigns, shall not deviate from this fee schedule absent
a subsequent resolution 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.
[Ord. No. 893, 10/1/2012 § 4]
1. This Part shall take effect on the date of enactment set forth below
and with respect to attorney fees, pursuant to the aforementioned
sections of this Part 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.
2. In no event shall the Township's right to charge and collect reasonable
attorney fees pursuant to the aforementioned sections of this Part
be impaired by the fact that any claim may also include an attorney
commission of five 5% for claims filed prior to December 19, 1990.
Any attorney fees assessed and collected under this Part 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.
3. Attorney fees and expenses incurred in pending enforcement proceedings
prior to the effective date of this Part, pursuant to a prior ordinance
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 Part shall be incurred, charged, and collected in accordance
with the schedules and procedures set forth in this Part.
4. The charges, expenses and fees set forth in this Part relate to all
unpaid claims in favor of the Township, its agents and assigns, and
shall be retroactive to the date of each claim.
[Ord. No. 893, 10/1/2012 § 5]
The Township assigns the provisions of this Part to any assignee
of its claims unless the assignment limits the assignee's ability
to collect such amounts. The Township 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 Part in actions commenced under the Act and for servicing
any claims retained by the Township.
[Ord. 893, 10/1/2012, § 8]
The Township may, by resolution, from time to time, establish
additional collection procedures, servicing charges, expenses, and
fees, and, if it so desires, alter, amend and supplement the procedures,
servicing charges, expenses, and fees established herein for the collection
of delinquent accounts.