53 Pa. Stat. § 56019

Current through P.A. Acts 2023-32
Section 56019 - Attorney fees
(a) Upon final determination of an appeal taken under section 1009 from any report, audit or settlement of the account of any township officer, attorney fees shall be awarded as follows:
(1) If, in the opinion of the court, the final determination is more favorable to the township officer involved than that awarded by the auditors, the township shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding.
(2) If, in the opinion of the court, the final determination is more favorable to the township than that awarded by the auditors in the case of an appeal taken by the township or a taxpayer, the township officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the township, elector or taxpayer in connection with the surcharge proceeding.
(3) If, in the opinion of the court, the final determination is in part more favorable to the township and in part more favorable to the township officer involved in the surcharge proceeding than that awarded by the auditors, the court may order:
(i) the township to pay a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding; or
(ii) the township officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the township or taxpayer in connection with the surcharge proceeding.
(b) The attorney fees in cases of appeals involving accounts other than those of township officers shall be allocated in the court's discretion.

53 P.S. § 56019

1931, June 24, P.L. 1206, art. X, § 1019. Amended 1949, May 27, P.L. 1955, § 24; 2020, Oct. 29, P.L. 782, No. 96, § 36.11, effective in 60 days [Dec. 28, 2020].