[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg 9-13-2010 by Ord. No.
1928. Amendments noted where applicable.]
This chapter 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. No. 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Editor's Note: Said Pa.R.C.P. No. 3129 was rescinded
3-6-1989, effective 7-1-1989.
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 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)
Filing of 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. No. 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 non-military 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 § 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.
(6)
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.
(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, motions
to continue the Sheriff's sale.
[1]
Editor's Note: As set forth in the preamble to Ord. No.
1298, "Act 1" and "Act 20" refer to Act 1 of 1996
and Act 20 of 2003, respectively, which amend the Pennsylvania Municipal
Claims and Tax Liens Law of 1923 (53 P.S. § 7101 et seq.)
(referenced herein as the "Act").
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,[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 § 120-3A, above, undertaken in connection with the collection of claims:
(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.
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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 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.
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[2]
Editor's Note: As set forth in the preamble to Ord. No.
1298, "Act 1" and "Act 20" refer to Act 1 of 1996
and Act 20 of 2003, respectively, which amend the Pennsylvania Municipal
Claims and Tax Liens Law of 1923 (53 P.S. § 7101 et seq.)(referenced
herein as the "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 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 §§ 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, § 120-3, Attorney fees and § 120-2, 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 § 120-5 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 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.
(1)
Assignments: $5 per claim.
(2)
Filing tax liens: $5.25 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 claim and filing municipal claim revivals:
$15 per claim.
(7)
Municipal claim/short title examination: $35 per claim.
(8)
Sheriff sale claim certificates: $50 per case.
(9)
Claim certifications: $10 per year.
(10)
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.
(11)
Postage and court costs: actual cost.
A.
This chapter shall take effect on the date of enactment set forth below and with respect to attorney fees pursuant to §§ 120-3 and 120-4 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 § 120-3 of this chapter 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 five-percent 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 chapter, 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 chapter shall be incurred, charged, and
collected in accordance with the schedules and procedures set forth
in this chapter.
The municipality assigns the provisions of this chapter 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 chapter 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 chapter
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 chapter to the maximum extent possible and shall in
no way affect the validity or enforceability of any other provisions
hereof.
All prior ordinances are hereby repealed in whole or in part
to the extent inconsistent herewith.
