Current through Register Vol. 54, No. 16, April 20, 2024
Rule 1920.53 - Hearing by Hearing Officer. ReportIn an action for divorce or annulment that has been referred to a hearing officer, the hearing officer's report and recommendation shall include findings of fact, conclusions of law, and a recommended disposition of the case or issue.
(a) The findings of fact shall include, as appropriate for the circumstances and issues before the hearing officer:(1) the method and date of service of process;(2) the manner and date of service of the notice of the hearing officer's hearing or the hearing officer's efforts to notify the parties;(3) the date and place of marriage;(4) information relating to any prior marriage of the parties and proof of dissolution of such prior marriage;(5) the residences of the parties at the time of the marriage and subsequent thereto, the actual length of time the parties have resided in the Commonwealth, and whether the residence requirement of Section 3104(b) of the Divorce Code has been met;(6) the age and occupation of the parties;(7) the initials and age of the children of the parties, if any, and with whom the children reside;(8) the grounds upon which the action is based;(9) defenses to the action, if any;(10) whether the court should grant or deny the divorce, annulment, or other relief on the basis of the complaint, the counterclaim, if filed, or a motion requesting relief; and(11) other relevant facts related to the appointment.(b) The conclusions of law shall include a discussion of the law as it relates to the facts, as well as the legal conclusions reached by the hearing officer.(c) If a divorce or an annulment is recommended, the hearing officer shall attach a proposed decree to the report and recommendation.The provisions of this Rule 1920.53 amended September 11, 1995, effective 1/1/1996, 25 Pa.B. 4097; amended June 3, 2019, effective 10/1/2019, 49 Pa.B. 3059; amended October 19, 2021, effective 1/1/2022, 51 Pa.B. 6764.