[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-4-2010 by Ord.
No. 2010-2]
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 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.[1] 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.
[1]
Editor's Note: Pa.R.C.P. 3129 was rescinded 7-1-1989. See
now Pa.R.C.P. 3129.1 et seq.
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 attorney fees is hereby
adopted and approved as reasonable attorney fees pursuant to Act 1[1] and Act 20[2] 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[3] 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)
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.
(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
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 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.
(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 attorney fees as follows:
(3)
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.
(4)
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.
(a)
Postponements. The sum of $100 shall constitute reasonable attorney
fees for each continuance of Sheriff's sale at the request of
the defendant.
(5)
Sale pursuant to Section 31 of the Act, 53 P.S. § 7281.
The sum of $700 shall constitute reasonable attorney fees for the
sale of property pursuant to Section 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 Section 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 Section 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. The sum of $150 shall constitute reasonable
attorney fees for the preparation of each written installment payment
agreement.
(8)
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, and motions
to continue the Sheriff's sale.
[1]
Editor's Note: "Act 1" refers to Act 1 of 1996, which amended
the Municipal Claim and Tax Lien Law, 53 P.S. § 7101 et
seq.
[2]
Editor's Note: "Act 20" refers to Act 20 of 2003, which amended
the Municipal Claim and Tax Lien Law, 53 P.S. § 7101 et
seq.
[3]
Editor's Note: See 53 P.S. § 7101 et seq.
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 Subsection A, above, undertaken in connection with the collection of claims, 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 Department of Court Records, 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 Sections 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, § 123-3, Attorney fees approved, and § 123-2, Expenses approved, 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
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 subsection
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, Department of Court Records, court
or any other public office in connection with the collection of the
municipality's claims.
|
Type
|
Fee
|
|---|---|
|
Assignments
|
$5 per claim
|
|
Filing tax liens
|
$5.25 per item
|
|
Satisfactions
|
$5 per claim
|
|
Tax claim revivals (i.e., S&A)
|
$10 per claim
|
|
Act 1/Act 20 compliance
|
$35 per case
|
|
Filing municipal claim and filing municipal claim revivals
|
$15 per claim
|
|
Municipal claim/short title examination
|
$35 per claim
|
|
Sheriff sale claim certificates
|
$50 per case
|
|
Claim certifications
|
$10 per year
|
|
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
|
|
Postage and court costs
|
Actual cost
|
A.
This article shall take effect on the date of enactment set forth below and, with respect to attorney fees pursuant to §§ 123-3 and 123-4, 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 § 123-3 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 5% 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 section, 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 section 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.
If any one or more of the provisions or terms of this article
shall be held invalid for any reason whatsoever, then such provision
or terms shall be deemed severable from the remaining provisions or
terms of this article to the maximum extent possible and shall in
no way affect the validity or enforceability of any other provisions
hereof.
