Rule 1016 Statement of Objection

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, abandonment of manufactured homes, and applications to waive fees and costs (in forma pauperis).

Under subdivision (b), 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 42 Pa.C.S. § 5571(c)(4). It may be noted that under Pa.R.Civ.P. 3206(b) and 3207(b) objections to sheriff’s determinations must be made within ten days after the date of mailing of the determination.

Subdivision (c) prohibits charging or assessing fees and costs against a party who files a statement of objection relating to a denial of an application for waiver of fees and costs. Charging such fees is not practical under the circumstances insofar as the party has already averred an inability to pay fees and costs without financial hardship. 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.