Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 2503 (2026)

Right of participants to receive counsel fees.

✓ current as of May 2026

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§ 2503. Right of participants to receive counsel fees.

The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:

(1) The holder of bonds of a private corporation who successfully recovers due and unpaid interest, the liability for the payment of which was denied by the corporation.

(2) A garnishee who enters an appearance in a matter which is discontinued prior to answer filed.

(3) A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed.

(4) A possessor of property claimed by two or more other persons, if the possessor interpleads the rival claimants, disclaims all interest in the property and disposes of the property as the court may direct.

(5) The prevailing party in an interpleader proceeding in connection with execution upon a judgment.

(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.

(7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter.

(8) Any participant who is awarded counsel fees out of a fund within the jurisdiction of the court pursuant to any general rule relating to an award of counsel fees from a fund within the jurisdiction of the court.

(9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.

(10) Any other participant in such circumstances as may be specified by statute heretofore or hereafter enacted.

Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(6), adopted April 20, 1998, provided that section 2503(2) and (3) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money.

Cross References. Section 2503 is referred to in section 1726 of this title; sections 1508, 1512, 1554, 5508, 5512 of Title 15 (Corporations and Unincorporated Associations).

Notes of Decisions

Cited in 380 cases (43 in the last 5 years), 1981–2026 · leading case: In Re Est. of Liscio, 638 A.2d 1019 (Pa. Super. Ct. 1994).

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In Re Est. of Liscio, 638 A.2d 1019 (Pa. Super. Ct. 1994). · cites it 22× “Somma, Administratrix of the Estate of John Liscio, deceased, appeals from the order sustaining the exceptions of Mary DiPerna to the estate's award of counsel fees and costs pursuant to 42 Pa.C.S. § 2503 as sanctions for the vexatious, arbitrary, dilatory, frivolous, and bad…”

Com., Dept. of Transp. v. Smith, 602 A.2d 499 (Pa. Commw. Ct. 1992). · cites it 28× “Therefore, the General Assembly expressly intended not to permit an award of counsel fees for the erroneous revocation unless the revocation is appealed to a court and the agency thereafter engages in misconduct covered by 42 Pa.C.S. § 2503. Thus, the Costs Act lends support to…”

Twp. of South Strabane v. Piecknick, 686 A.2d 1297 (Pa. 1996). · cites it 18× “Title 42 Pa.C.S. § 2503 empowers courts to require a party to pay another participant's counsel fees under certain enumerated categories.”

D.L. Ness v. York Twp. Bd. of Commissioners & York Cnty. Commissioners, 123 A.3d 1166 (Pa. Commw. Ct. 2015). · cites it 16× “ommissioners : BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge OPINION BY SENIOR JUDGE COLINS FILED: September 17, 2015 This matter is an appeal from an order of the Court of Common Pleas of York…”

Miller Elec. Co. v. DeWeese, 907 A.2d 1051 (Pa. 2006). · cites it 12× “The following day, Birmingham filed a motion for attorney's fees, citing 42 Pa.C.S. § 2503(3), which expressly entitles a garnishee "who is found to have in his possession or control no indebtedness due to or other property of the debtor" to collect "a reasonable counsel fee as…”

Thunberg v. Strause, 682 A.2d 295 (Pa. 1996). · cites it 8× “The statutory provision at 42 Pa.C.S. § 2503(9) expressly permits a trial court to award reasonable counsel fees to a litigant when, inter alia, that litigant's opponent initiated the action arbitrarily, vexatiously or in bad faith.”

Berg v. Georgetown Builders, Inc., 822 A.2d 810 (Pa. Super. Ct. 2003). · cites it 8× “1 They bring this appeal 2 from an order of the trial court assessing counsel fees against them under 42 Pa.C.S. § 2503. We are constrained to reverse the order of the trial court.”

Est. of: Simpson, W.Appeal of: Colecchia, D., 305 A.3d 176 (Pa. Super. Ct. 2023). · cites it 8× “The court found Appellant’s conduct to be “vexatious” on the grounds that the Objection to Account was filed “without an appropriate legal or factual basis[,]” and thus, it determined that such conduct was sanctionable under 42 Pa.C.S. § 2503(7) and (9). Id. at 4. See also id.”

PETOW v. Warehime, 996 A.2d 1083 (Pa. Super. Ct. 2010). · cites it 4× “There is a difficult question as to whether the Pennsylvania judiciary is empowered to apply the common benefit doctrine as in Pennsylvania Association where there is no statutory authorization for such an award.”

Old Forge Sch. Dist. v. Highmark Inc., 924 A.2d 1205 (Pa. 2007). · cites it 8× “Following the Commonwealth Court's dismissal of Appellants' complaint, Highmark, on February 17, 2006, filed an application for attorney's fees under Sections 2503(7) and 2503(9) of the Judicial Code, 42 Pa.C.S. §§ 2503(7), (9), as to all named Appellants with the exception of…”

Gossman v. Lower Chanceford Twp. Bd. of Supervisors, 469 A.2d 996 (Pa. 1983). · cites it 8× “(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.”

Cook, R. v. Cook, D., 186 A.3d 1015 (Pa. Super. Ct. 2018). · cites it 3× “Moreover, we observe that counsel fees were imposed in favor of Husband pursuant to 42 Pa.C.S. § 2503, which provides, in relevant part, as follows: § 2503.”

Show all 380 citing cases →

— 42 Pa. Cons. Stat. § 2503(1) — 1 case

Com., Dept. of Transp. v. Smith, 602 A.2d 499 (Pa. Commw. Ct. 1992). “Therefore, the General Assembly expressly intended not to permit an award of counsel fees for the erroneous revocation unless the revocation is appealed to a court and the agency thereafter engages in misconduct covered by 42 Pa.C.S. § 2503. Thus, the Costs Act lends support to…”

— 42 Pa. Cons. Stat. § 2503(10) — 7 cases

Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016).

Re/Max Select Realty v. DeAugustino, 73 Pa. D. & C.4th 371 (2005).

In re the Est. of Neiss, 560 A.2d 842 (Pa. Commw. Ct. 1989).

M. Pizzuti v. PA Ins. Dept. (Pa. Commw. Ct. 2022).

R. Miller & M.L. Miller v. The Borough of Indian Lake (Pa. Commw. Ct. 2023).

— 42 Pa. Cons. Stat. § 2503(3) — 9 cases

Miller Elec. Co. v. DeWeese, 907 A.2d 1051 (Pa. 2006). “The following day, Birmingham filed a motion for attorney's fees, citing 42 Pa.C.S. § 2503(3), which expressly entitles a garnishee "who is found to have in his possession or control no indebtedness due to or other property of the debtor" to collect "a reasonable counsel fee as…”

D.L. Ness v. York Twp. Bd. of Commissioners & York Cnty. Commissioners, 123 A.3d 1166 (Pa. Commw. Ct. 2015). “ommissioners : BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge OPINION BY SENIOR JUDGE COLINS FILED: September 17, 2015 This matter is an appeal from an order of the Court of Common Pleas of York…”

Strausser Enter., Inc. v. Segal & Morel, Inc., 89 A.3d 292 (Pa. Super. Ct. 2014).

Am. Mut. Liab. Ins. v. Zion & Klein, 489 A.2d 259 (Pa. 1985).

Alliston v. Little Neighborhood Schs., Inc., 6 F. Supp. 2d 396 (E.D. Pa. 1998).

— 42 Pa. Cons. Stat. § 2503(4) — 2 cases

Trevdan Bldg. Supply v. Toll Bros., Inc., 996 A.2d 520 (Pa. Super. Ct. 2010).

Brandywine Motor Cars Inc. v. Scott, 43 Pa. D. & C.3d 255 (1987).

— 42 Pa. Cons. Stat. § 2503(5) — 2 cases

Borough of Conshohocken v. Borough of Conshohocken Auth., 654 A.2d 661 (Pa. Commw. Ct. 1995).

— 42 Pa. Cons. Stat. § 2503(6) — 17 cases

Gossman v. Lower Chanceford Twp. Bd. of Supervisors, 469 A.2d 996 (Pa. 1983). “(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.”

Ambrose v. Citizens Nat'l Bank of Evans City, 5 A.3d 413 (Pa. Super. Ct. 2010).

Indep. Oil & Gas Ass'n of Pennsylvania v. Pennsylvania Pub. Util. Comm'n, 804 A.2d 693 (Pa. Commw. Ct. 2002).

Krassnoski v. Rosey, 684 A.2d 635 (Pa. Super. Ct. 1996).

Waste Mgmt. v. Unemployment Comp. Bd. of Review, 651 A.2d 231 (Pa. Commw. Ct. 1994).

— 42 Pa. Cons. Stat. § 2503(7) — 152 cases

Twp. of South Strabane v. Piecknick, 686 A.2d 1297 (Pa. 1996). “Title 42 Pa.C.S. § 2503 empowers courts to require a party to pay another participant's counsel fees under certain enumerated categories.”

Est. of: Simpson, W.Appeal of: Colecchia, D., 305 A.3d 176 (Pa. Super. Ct. 2023). “The court found Appellant’s conduct to be “vexatious” on the grounds that the Objection to Account was filed “without an appropriate legal or factual basis[,]” and thus, it determined that such conduct was sanctionable under 42 Pa.C.S. § 2503(7) and (9). Id. at 4. See also id.”

Old Forge Sch. Dist. v. Highmark Inc., 924 A.2d 1205 (Pa. 2007). “Following the Commonwealth Court's dismissal of Appellants' complaint, Highmark, on February 17, 2006, filed an application for attorney's fees under Sections 2503(7) and 2503(9) of the Judicial Code, 42 Pa.C.S. §§ 2503(7), (9), as to all named Appellants with the exception of…”

Cook, R. v. Cook, D., 186 A.3d 1015 (Pa. Super. Ct. 2018). “Moreover, we observe that counsel fees were imposed in favor of Husband pursuant to 42 Pa.C.S. § 2503, which provides, in relevant part, as follows: § 2503.”

— 42 Pa. Cons. Stat. § 2503(7)(9) — 1 case

McLafferty v. Conshohocken Borough Zoning Hearing Bd., 10 Pa. D. & C.5th 548 (2010).

— 42 Pa. Cons. Stat. § 2503(8) — 7 cases

PETOW v. Warehime, 996 A.2d 1083 (Pa. Super. Ct. 2010). “There is a difficult question as to whether the Pennsylvania judiciary is empowered to apply the common benefit doctrine as in Pennsylvania Association where there is no statutory authorization for such an award.”

Jones v. Muir, 515 A.2d 855 (Pa. 1986).

Pennsylvania Ass'n of State Mental Hosp. Physicians v. State Employees' Ret. Bd., 483 A.2d 1003 (Pa. Commw. Ct. 1984).

City of Reading v. Feltman, 562 A.2d 926 (Pa. Commw. Ct. 1989).

Couy v. Nardei Enter., 587 A.2d 345 (Pa. Super. Ct. 1991).

— 42 Pa. Cons. Stat. § 2503(9) — 82 cases

Thunberg v. Strause, 682 A.2d 295 (Pa. 1996). “The statutory provision at 42 Pa.C.S. § 2503(9) expressly permits a trial court to award reasonable counsel fees to a litigant when, inter alia, that litigant's opponent initiated the action arbitrarily, vexatiously or in bad faith.”

Lundy v. Manchel, 865 A.2d 850 (Pa. Super. Ct. 2004).

Berg v. Georgetown Builders, Inc., 822 A.2d 810 (Pa. Super. Ct. 2003). “1 They bring this appeal 2 from an order of the trial court assessing counsel fees against them under 42 Pa.C.S. § 2503. We are constrained to reverse the order of the trial court.”

— 42 Pa. Cons. Stat. § 2503(a) — 2 cases

Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016).

Sell v. Bechtelsville Cmty. Rod & Gun Club, 49 Pa. D. & C.4th 420 (2000).

— 42 Pa. Cons. Stat. § 2503(a)(3) — 1 case

Blue Haven Pools v. Skippack Bldg. Corp. (Pa. Super. Ct. 2021).

— 42 Pa. Cons. Stat. § 2503(a)(9) — 1 case

Twp. of Millcreek v. A. Cres Trust of June 25, 1998, 142 A.3d 948 (Pa. Commw. Ct. 2016).

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