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Rule *5001. Proceedings for Support.
(a) Each original proceeding hereafter brought for the enforcement
of support initiated under the Crimes Code, the Uniform Reciprocal
Enforcement of Support Law and Pennsylvania Civil Procedural Support
Law, or the Aid for Dependent Children Act, and proceedings brought
for the enforcement of existing orders of support shall be filed
with the Clerk of Courts. Proceedings brought pursuant to the Divorce
Code shall be filed in the Office of the prothonotary. In each such
original proceeding and in each proceeding for the modification,
termination or enforcement of arrearages of any subsisting order
for support now in effect or hereafter entered, a mandatory conference
shall be scheduled and conducted by a domestic relations officer
in the Domestic Relations Division, prior to the scheduling and conducting
of a hearing thereon before the Court. A form of preliminary order
fixing the time of such conference shall be endorsed upon each such
application.
(b) Any order fixing a time and place at which a defendant or any
other party may be directed by the Court to appear before the Court
or a domestic relations officer of the Domestic Relations Division
for a hearing or conference on a complaint for support, or on a petition
to modify, terminate, or enforce an order for support, shall contain
a cautionary warning of the likelihood of the issuance of an attachment
of the person, and the possibility of an adjudication of contempt,
upon the failure to appear as so directed.
(c) The preliminary order shall state that where no agreement is
reached at the conference, the presiding officer may, in his discretion,
request an immediate hearing before the judge to whom the case has
been assigned, or in the event that such judge is unavailable, then
before any other available judge for the purpose of entering such
interim order of support or enforcement of arrearages as may be just,
which order shall be fully enforceable. Absence or non-availability
of counsel shall not be grounds for failure to proceed with the entry
of an interim order at the discretion of the Court.
(d) A conformed copy of each complaint, petition, answer or other
pleading filed with respect to any such proceeding for support, for
arrearages or for modification or termination of an order for support,
shall be delivered to the Domestic Relations Division at the time
of filing the original with the clerk.
(e) The conference with the domestic relations officer shall be
informal in style, and conducted with a view toward a realistic and
complete development of the facts relevant to liability for support
(if contested, or if properly still in issue), the reasonable needs
of the party seeking support, the fair measure of the ability to
pay of the party against whom support is sought, the changed circumstances
relied upon if modification or termination of an order for support
is involved and such other matters in particular cases as may be
appropriate. Each party shall submit a written statement of his or
her financial condition, including income, expenses, assets, outstanding
indebtedness and any other information pertinent to the issues and
shall bring to the conference supporting documentation, including
but not limited to copies of income tax returns and pay stubs. Failure
to attend the conference or to bring financial information shall
be grounds for contempt of court. The respective parties may be represented
by counsel, but absence or non- availability of counsel shall not
be grounds for failure to proceed at a scheduled conference unless
the domestic relations officer in his/her discretion shall have specifically
provided otherwise in response to a prior written request setting
forth meritorious reasons for modification of the time of the scheduled
conference.
(f) If the conference results in agreement of the parties with respect
to the complete disposition of the pending proceeding, the same shall
be forthwith reduced to writing and submitted to the judge to whom
the case has been assigned. Upon written approval of the judge, the
original of such writing and approval shall be filed with the Clerk
of Courts - Criminal, and shall have the same legal effect as an
order of the Court entered in due course in open Court after a full
and adversary hearing.
(h) At the hearing before the Court, the matters set forth in the
report of the domestic relations officer shall be regarded as advisory
only, and subject to contradiction by appropriate testimony, documentary
evidence, argument or such other factors as the circumstances of
the case may provide. In the absence of contradiction, however, the
statement or outline in such report of undisputed facts and the opinions
and recommendations which may be reasonably concluded or deduced
therefrom, may be taken as established without necessity for further
proof thereof.
(i) Whenever an attachment is issued, the person named as having
failed to appear shall be brought before the judge to whom the case
has been assigned, if available, or if unavailable, then before any
other judge forthwith, but in any event, within 48 hours or two court
working days, whichever is the longer from the time the person is
taken in custody of law pursuant to the attachment; at which time,
if the Court shall find, after hearing, that the person named having
been duly required to appear, willfully failed to appear, the Court
may adjudge such person in contempt of court and in its discretion,
may commit such person to the county jail or house of correction
for a period not exceeding six months.