[HISTORY: Adopted by the Borough Council of the Borough of
Edgewood 9-19-2011 by Ord. No.
1037. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Attorneys'
Fees and Servicing Charges for Tax and Municipal Claims Ordinance."
A.ย
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.ย
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.ย
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 for all matters described, which fees shall be awarded
to the Borough, 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)ย
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)ย
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)ย
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 as follows:
(2)ย
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 non-military status, and the praecipe to satisfy judgment.
(3)ย
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)ย
Postponements. The sum of $100 shall constitute reasonable attorneys'
fees for each continuance of Sheriff's sale at the request of
the defendant.
(4)ย
Sale pursuant to Section 31 of the Act, 53 P.S. ยงย 7281.
The sum of $700 shall constitute reasonable attorneys' fees for
the sale of property pursuant to Section 31 of the Act, 53 P.S. ยงย 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.
(5)ย
Sale pursuant to Section 31.1 of the Act, 53 P.S. ยงย 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. ยงย 7282,
including the preparation of necessary documents, service, court appearances,
and the preparation of proposed Sheriff's schedule of distribution.
(6)ย
Installment payment agreement. The sum of $150 shall constitute reasonable
attorneys' fees for the preparation of each written installment
payment agreement calling for full repayment within six months. For
repayment agreements of over six months the sum of $300 shall constitute
reasonable attorney's fees.
(7)ย
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.
B.ย
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, which fees shall be awarded to the Borough, its agents, counsel or assigns as compensation in all contested matters, and in addition to all other matters not specifically referenced in Subsection A, above, undertaken in connection with the collection of claims:
(1)ย
Senior attorneys (practicing law for 10 years or more): $185 per
hour.
(2)ย
Junior attorneys (practicing law for less than 10 years): $160 per
hour.
(3)ย
Paralegals: $100 per hour.
(4)ย
Law clerks: $65 per hour.
each as recorded and charged in units of 1/10th of an hour for
all time devoted to enforcement and collection of the Borough's
claims. Counsel, whether duly employed or duly appointed by the Borough,
its agents or assigns, shall not deviate from this fee schedule absent
a subsequent resolution or 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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A.ย
Required
notice. The notice required by 53 P.S. ยงย 7106 shall be provided
in accordance therewith and shall be incorporated into an appropriate
delinquency notice or notices sent by the Borough, its agent, counsel
or assigns.
B.ย
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, at 53
P.S. ยงย 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 Borough authorized to pursue collection
of claims pursuant to the Act, or by counsel for the Borough'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 Borough or by its agents or assigns in the course of
enforcement including any claims originally filed with the Allegheny
County Director of Court Records, any claims filed with the Sheriff
or in any other claims filed or statements provided where attorneys'
fees are due.
C.ย
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.ย
The following schedule of charges, expenses and fees (hereinafter collectively referred to as "servicing fees") is hereby approved and adopted by the Borough pursuant to Sections 1, 2, and 3 of the Act of May 16, 1923, as amended, 53 P.S. ยงยงย 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, ยงย 4-3 attorneys' fees and ยงย 4-2 expenses associated with legal proceedings initiated by or on behalf of the Borough to collect its claims.
B.ย
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 onto the delinquent
person or property and to make the Borough whole on all claims collected.
C.ย
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 Borough'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. Such fees may be paid by the Borough and will be reimbursed
after monies are paid by person owing on claims, 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 Borough's claims.
(1)ย
Assignments: $6 per claim.
(2)ย
Filing tax liens: $6 per item.
(3)ย
Satisfactions: $6 per claim.
(4)ย
Tax claim revivals: $10 per claim.
(5)ย
Act 1, Act 20 compliance: $35 per case.
(6)ย
Filing municipal claims and municipal claim revivals: $15 per claim.
(7)ย
Municipal claim/short title examination: $35 per claim.
(8)ย
Docket service fees: $1.75 per item.
(9)ย
Sheriff sale claim certificates: $50 per case.
(10)ย
Claim certifications: $10 per year.
(11)ย
Postage and court costs: actual cost.
(12)ย
Statements/tax certification letters for client: $6 for client; $30
for third party.
(13)ย
First delinquent notice: $14 per parcel.
(14)ย
Second delinquent notice: $17 per parcel.
(15)ย
Final notice prior to liening: $24 per notice.
(16)ย
Certified notice: $40 per parcel.
(17)ย
NSF check: $30 per item.
(18)ย
Servicing including staffing, computers, office space, telephones,
equipment, and materials for all delinquent and liened taxes, tax
liens, municipal claims (filed or unified) and municipal liens: 5%
of gross collections.
A.ย
This chapter shall take effect on the date of enactment set forth below and with respect to attorneys' fees pursuant to ยงยงย 4-3 and 4-4 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.ย
In no event shall the Borough's right to charge and collect reasonable attorneys' fees pursuant to ยงยงย 4-3 and 4-4 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 attorneys' fees assessed and collected under this or any prior ordinances or resolutions pursuant to Act 1 shall be in addition to any 5% commission previously included in any claim or judgment thereon.
C.ย
Attorneys'
fees and expenses incurred in pending enforcement proceedings prior
to the effective date of this chapter, 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 chapter shall be incurred, charged and collected
in accordance with the schedules and procedures set forth in this
chapter.
The Borough may assign the provisions of this chapter to any
assignee of its claims unless the assignment limits the assignee's
ability to collect such amounts. The Borough 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 chapter in actions commenced under the Act
and for servicing any claims retained by the Borough.