Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1920 - ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE
Rule 1920.53 - Hearing by Hearing Officer. Report
Universal Citation: 231 PA Code ยง 1920.53
Current through Register Vol. 54, No. 44, November 2, 2024
In 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.
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