[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-21-2008 by Ord. No. 1263]
This article shall be known as the "Tax, Tax Claim, Tax Lien,
Municipal Claim and Municipal Lien Attorneys' 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 attorneys' fees is hereby
adopted and approved as reasonable attorneys' 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)
Preparation and filing of municipal claims. The sum of $150 shall
constitute reasonable attorneys' fees 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. The sum of $450 shall constitute reasonable
attorneys' 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 attorneys'
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 following
amounts shall constitute reasonable attorneys' fees:
(3)
Amicable scire facias. The sum of $400 shall constitute reasonable attorneys'
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.
The municipality may, in its 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.
(4)
Entry of judgment. The sum of $225 shall constitute reasonable attorneys'
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
attorneys' 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 attorneys'
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 attorneys' 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 attorneys' 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
attorneys' fees for the preparation of each written installment payment
agreement.
(9)
Motions. The sum of $200 shall constitute reasonable attorneys' 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. § 7101 et seq., the Municipal
Claims and Liens Act.
B.
Hourly rate matters. The following schedule of attorneys' fees is
hereby adopted and approved as reasonable attorneys' 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 § 217-3A, above, undertaken in connection with the collection of claims, each as recorded and charged in units of 1/10 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 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.
(1)
Senior attorneys (practicing law for 10 years or more): $185 per
hour.
(2)
Junior attorneys (practicing law for less than 10 years): $160 per
hour.
(3)
Paralegals: $100 per hour.
(4)
Law clerks: $65 per hour.
[2]
Editor's Note: See 53 P.S. § 7101 et seq., the Municipal
Claims and Liens Act.
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
attorneys' 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 Act 83 of 2003 which amends §§ 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; § 217-3, Attorneys' fees; and § 217-2, 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 § 217-5 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 attorneys'
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)
Act 1, Act 20 compliance: $35 per case.
(6)
Filing municipal claims and municipal claim revivals: $15 per claim.
(7)
Municipal claim/short title examination: $35 per claim.
(8)
Docket service fees: $1.75 per item.
(9)
Sheriff sale claim certificates: $50 per case.
(10)
Claim certifications: $10 per year.
(11)
Postage and court costs: actual cost.
(12)
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: 10% of gross
collections.
A.
This article shall take effect on the date of enactment set forth and, with respect to attorneys' fees pursuant to §§ 217-3 and 217-4, 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 attorneys' fees pursuant to §§ 217-3 and 217-4 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 attorneys' fees assessed and collected under this or any prior ordinances or resolutions pursuant to Act 1 shall be in addition to any five-percent commission previously included in any claim or judgment thereon.
C.
Attorneys' fees and expenses incurred in pending enforcement proceedings
prior to the effective date of this article, pursuant to a prior ordinance
or resolution 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. Attorneys'
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 may assign 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
attorneys' 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.
