§ 1-503.   Attorney Fees Approved.
   1.   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 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.
      A.   Filing or Municipal Claim. Reasonable attorney fees for the preparation and filing of a municipal claims as defined under the Act shall be in such amounts as established from time to time by resolution of Borough Council.
      B.   Preparation and Service of Writ of Scire Facias or Complaint in Assumpsit as Provided in the Act. Reasonable attorney fees for the initiation of each proceeding shall be established from time to time by resolution of Borough Council 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:
         (1)   Federal Tax Liens, Judgments and Mortgages. Where there are Federal tax liens, Federal judgments, Federal mortgages or other record Federal interests, 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 shall be in such amounts as established from time to time by resolution of Borough Council.
         (2)   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, reasonable attorney fees shall be in such amounts as established, from time to time, by resolution of Borough Council for such services including, but not limited to:
            (a)   Investigation of defendant(s) whereabouts and preparation of affidavit of diligent search.
            (b)   Preparation and presentation of motion for alternative service, and delivery of the order of court, along with appropriate directions to the Sheriff for service.
      C.   Amicable Scire Facias. Reasonable attorney 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 shall be in such amount as established, from time to time, by resolution of Borough Council. See 53 P.S. §7185. The Borough 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.
      D.   Entry of Judgment. 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, shall be in such amounts as may be established from time to time by resolution of Borough Council.
      E.   Writ of Execution, Sheriffs Sale of Property or Execution upon Assumpsit Judgment. The sum, in an amount as established, from time to time, by resolution of the Borough Council, 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.
         (1)   Postponements. Reasonable attorney fees for each continuance of Sheriff's sale at the request of the defendant shall be in an amount as established, from time to time, by resolution of Borough Council.
      F.   Sale Pursuant to §31 of the Act, 53 P.S. §7281. The sum, in an amount as established, from time to time, by resolution of the Borough Council, 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.
      G.   Sale Pursuant to §31.1 of the Act, 53 P.S. §7282. The sum, in an amount as established, from time to time, by resolution of the Borough Council, 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.
      H.   Installment Payment Agreement. The sum, in an amount as established, from time to time, by resolution of the Borough Council, shall constitute reasonable attorney fees for the preparation of each written installment payment agreement.
      I.   Motions. The sum, in an amount as established, from time to time, by resolution of the Borough Council, 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 Sheriffs sale.
   2.   Hourly Rate Matters. Reasonable attorney fees pursuant to Act 1 and Act 20 shall be in such amounts, as established or approved from time to time by resolution of Borough Council, which fees shall be awarded to the Borough, its agents, counsel or assigns as compensation in all contested matters, and in all other matters not specifically referenced in subsection .1, 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 Borough, 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.
(Ord. 2012-03, 12/4/2012)