Section 1016. Statement of Objection

A. Any party in interest aggrieved by an order or determination made by a magisterial district judge under Rule 420 or Rule 519.1 may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the order or determination with the prothonotary and with the magisterial district judge in whose office the order or determination was made.

B. The statement of objection shall be filed with the prothonotary and the magisterial district judge within ten (10) days after the date of the order or determination to which objection is made.

Official Note

This rule and Rules 1017—1020 provide a system for reconsideration in the court of common pleas of orders and determinations of magisterial district judges dealing with execution matters, and abandonment of manufactured homes.

Under subdivision B of this rule, the statement of objection must be filed within ten days after the date of the questioned order or determination. The time limit for filing a statement of objection need not be the same as that for filing a notice of appeal from a judgment. See the Judicial Code, § 5571(c)(4), 42 Pa.C.S. § 5571(c)(4), as amended by § 10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. 202, No. 53. It may be noted that under Pa. R.C.P. Nos. 3206(b) and 3207(b) objections to sheriff’s determinations must be made within ten days after the date of mailing of the determination.

The provisions of this Rule 1016 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. 14. Immediately preceding text appears at serial pages (368348) and (334179).