246 Pa. Code Rule 421. Time for Hearing and Determination; Effective Date of Orders and Determination.

Rule 421. Time for Hearing and Determination; Effective Date of Orders and Determination.

A.  The magisterial district judge shall hold hearings on matters to be determined under Rule 420 not later than five days after they are filed, and shall notify all parties in interest of the date and time of the hearing by telephone or other timely means of communication. The magisterial district judge shall enter a determination not later than three days after the hearing.
B.  The magisterial district court shall promptly give or mail to the parties written notice of the determination. Notice of the determination shall contain advice as to the right of the parties to file a Statement of Objection, the time within which the statement must be filed, and that the statement is to be filed with the court of common pleas.
C.  Rescinded.
D.  Any stay of the whole or part of the execution proceedings ordered by the magisterial district judge shall be effective immediately. All other orders and determinations with respect to the whole or part of the execution proceedings shall not take effect until after the expiration of ten days from the date of entry of the order or determination.

   Official Note
   Paragraph A of this rule provides a time schedule within which the matters mentioned in Rule 420 must be heard and determined. These matters should be dealt with expeditiously.
   Paragraph D provides that, except for stays, determinations and orders of the magisterial district judge concerning the execution proceedings shall not take effect until after the expiration of ten days from the date of entry of the determination or order. This will give any aggrieved party in interest a chance to obtain a stay by filing a statement of objection in the court of common pleas during that period of time. See Rule 1016.
The form to be used for the Notice required by Rule 421 shall be in substantially the following form:
Notice
PLAINTIFF
v. DEFENDANT

This is to notify you that in the above case:
Docket No.
the following decision was made:
You have the right to file a Statement of Objection within ten (10) days from

The Statement of Objection must be filed with the Court of Common Pleas of
County on a form available at any Magisterial District Court or from the Prothonotary at:

Courthouse Address

Date of Decision…     Magisterial District Judge

Source

   The provisions of this Rule 421 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 1499; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. 1893 and 1900; amended September 3, 2003, effective January 1, 2004, 33 Pa.B. 4663; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. 2955. Immediately preceding text appears at serial pages (309550) to (309551).

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