[HISTORY: Adopted by the Board of Supervisors of East Earl Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-2011 by Ord. No. 172]
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. 
Miscellaneous expenses. Actual out-of-pocket expenses in connection with any enforcement action, such as for postage, non-Sheriff's service of process, filing fees, 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 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.
Service
Fees for Services
Review information from Township, including source deed for subject property; prepare required notices and the municipal lien claim; file lien claim with court; serve notice of filing lien claim upon landowner(s)
$225
Prepare praecipe for writ of scire facias and Sheriff's direction for service
$100
Obtain re-issued writ
$30
Prepare and mail notice under Pa.R.C.P. 237.1
$25
Investigate defendant's whereabouts; prepare motion for alternative service and directions to Sheriff for service
$175
Enter judgment
$175
Prepare writ of execution
$750
Attend Sheriff's sale; review schedule of distribution and resolve distribution issues
$400
Continue Sheriff's sale
$50
Petition to assess damages
$50
Petition for free and clear sale
$400
Prepare bankruptcy proof of claim
$100
Handling fee for returned check
$30
Handling fee to issue refund check
$20
Bookkeeping fee for payment plan of more than three payments
$50
[1]
Editor's Note: See the Pennsylvania Municipal Claim and Tax Lien Law, 53 P.S. § 7106.
B. 
Hourly rate matters.
(1) 
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 Township, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in § 208-3A, above, undertaken in connection with the collection of claims:
(a) 
Attorneys: $160.
(b) 
Paralegals: $70.
(2) 
Each as recorded and charged in units of 1/10th 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 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.
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 Township, 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 Township authorized to pursue collection of claims pursuant to the Act, or 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 attorneys' fees are due.
C. 
Inclusion of fees in lien. 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. 
Retroactivity. This article shall take effect on the date of enactment set forth below and with respect to attorneys' fees pursuant to §§ 208-3 and 208-4 shall apply to all taxes, tax claims, tax liens, municipal claims and municipal liens, writs of scire facias, judgments, or executions filed on or after December 19, 1990, or as otherwise provided by law.
B. 
Pending enforcement actions. Attorneys' fees and expenses incurred in pending enforcement proceedings prior to the effective date of this article, 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. 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 Township 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 Township and its duly authorized agents and 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 Township.
If any provision of this article shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this article which shall be in full force and effect.