[Ord. 649, -/-/2010, Art. I]
This part shall be known as the "Tax, Tax Claim, Tax Lien, Municipal
Claim and Municipal Lien Attorney Fees and Servicing Charges, Expenses
and Fees Ordinance."
[Ord. 649, -/-/2010, Art. II]
1.
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.
2.
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.
[Ord. 649, -/-/2010, Art. III]
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, 53 P.S. § 7106, 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.
Filing or 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.
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:
C.
Amicable Scire Facias. The sum of $400 shall constitute reasonable
attorney fees for the preparation, filing, monitoring and conclusion
of an amicable scire facias, including negotiation, preparation and
filing of the pleading, acceptance of service, installment payment
and/or forbearance agreement and satisfaction. See 53 P.S. § 7185.
Township may, in sole and absolute discretion, hold the amicable scire
facias and file only in the event of a default in the terms and conditions
of the amicable scire facias or any related installment or forbearance
agreement.
D.
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 non-military status, and the praecipe to satisfy judgment.
E.
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.
(1)
Postponements. The sum of $100 shall constitute reasonable attorney
fees for each continuance of sheriff's sale at the request of
the defendant.
F.
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.
G.
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.
H.
Installment Payment Agreement. The sum of $150 shall constitute reasonable
attorney fees for the preparation of each written installment payment
agreement.
I.
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.
2.
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, 53 P.S. § 7106, 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 Subsection 1 above, undertaken in connection with the collection of claims:
A.
Senior attorneys (practicing law for 10 years or more): $185 per
hour.
B.
Junior attorneys (practicing law for less than 10 years): $160 per
hour.
C.
Paralegals: $100 per hour.
D.
Law clerks: $65 per hour.
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each as 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 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.
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[Ord. 649, -/-/2010, Art. IV]
1.
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 Township, 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 after the notice,
or after the tenth 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 Township
authorized to pursue collection of claims pursuant to the Act, or
by counsel for the Township'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 Township 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.
3.
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.
[Ord. 649, -/-/2010, Art. V]
1.
The following schedule of charges, expenses and fees (hereinafter collectively referred to as "servicing fees") is hereby approved and adopted by the Township 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, § 1-1003, "Attorney Fees," and § 1-1002, "Expenses," associated with legal proceedings initiated by or on behalf of the Township to collect its claims.
2.
Servicing of a claim or claims may result in voluntary payment without
the initiation of enforcement proceedings. It is the intent of this
section 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 Township whole
on all claims collected.
3.
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 Township'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 Township's claims.
A.
Assignments: $5 per claim.
B.
Filing Tax Liens: $5.50 per item.
C.
Satisfactions "No Consideration Passing": $10 per claim.
D.
Tax Claim Revivals (i.e., S&A): $10 per claim.
E.
Act 1/Act 20 Compliance: $35 per case.
F.
Filing Municipal Claim and Filing Municipal Claim Revivals: $20 per
claim.
G.
Municipal Claim/Short Title Examination: $40 per claim.
H.
Sheriff Sale Claim Certificates: $60 per case.
I.
Claim Certifications: $10 per year.
J.
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 collections:
10% of gross.
[Ord. 649, -/-/2010, Art. VI]
1.
This part shall take effect on the date of enactment set forth below and with respect to attorney fees pursuant to §§ 1-1003 and 1-1004 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 § 1-1003 of this part 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 5% 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 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 part shall be incurred, charged, and collected in accordance
with the schedules and procedures set forth in this part.
[Ord. 649, -/-/2010, Art. VII]
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.
