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Borough of Wilkinsburg, PA
Allegheny County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg 5-28-1997 by Ord. No. 2553. Amendments noted where applicable.]
A. 
Fees enumerated.
(1) 
The borough hereby approves the statement of collection policies for delinquent unpaid taxes, user charges and other items covered by the Municipal Claim Law ("accounts")[1], as presented to this meeting, and which is to be filed with the enacted counterpart of this chapter.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
A. 
The borough hereby approves the following schedule of attorney fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services set forth below, all in accordance with the principles set forth in § 3(a.1) of the Municipal Claim Law as added by Act No. 1 of 1996 (the "Act"):
Legal Service
Fee for Service
Initial review and sending first demand letter
$85.00
Prepare municipal claim
$127.50
Prepare praecipe for writ of scire facias
$170.00
Obtain reissued writ
$51.00
Prepare ten-day notice
$42.50
Prepare praecipe for default judgment
$51.00
Prepare and present motion for summary judgment on writ of scire facias
$255.00
Prepare writ of execution
$51.00
Prepare affidavit under Pa. R.C.P. 237.1 and other attachments to writ of execution
$212.50
Send notice of sale to lienholders
$85.00
Prepare affidavit of service of lienholders
$51.00
Attendance at sale, review schedule of distribution and resolve distribution issues
$255.00
Prepare statement of value to record deed
$59.50
Prepare and present motion for alternate service
$170.00
Prepare complaint for in personam action
$127.50
Prepare and present consented judgment order
$170.00
Attend hearing for in personam action
$255.00
Services not covered above
$85.00 per hour
B. 
In addition, certain accounts will be designated for collection by the Solicitor who shall charge, in return for such services, a fee which shall be a percentage of the amount collected. The percentage will be determined as follows:
Legal Service
Fee for Service
Initial review; sending demand letter; preparing installment payment agreement
3% of amount owed
Preparing complaint and any services thereafter necessary in the collection of that account
15% of amount owed
C. 
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.
D. 
The amount of fees determined as set forth above shall be added to the borough's claim in each account.
The following collection procedures are hereby established in accordance with Act No. 1:
A. 
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, the borough shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity liable for the account (the "account debtor").
B. 
If within 30 days after mailing the notice in accordance with Subsection A the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorney fees, the borough shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
C. 
All notices required by this chapter shall be mailed to the account debtor's last known post office address as recorded in the records or other information of the borough, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
D. 
Each notice as described above shall include the following:
(1) 
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest.
(2) 
A statement of the borough's intent to impose or assess attorney fees within 30 days after the mailing of the first notice or within 10 days after the mailing of the second notice.
(3) 
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account.
(4) 
The place of payment for accounts and the name and telephone number of the borough official designated as responsible for collection matters.
The proper officials of the borough are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this chapter.