Section 1910.25-3. Civil Contempt. Conference Summary. Order. Hearing De Novo

(a) If an agreement is not reached, the conference officer shall, at the conclusion of the conference or shortly thereafter, prepare a conference summary and furnish copies to the court and to all parties. The conference summary shall state:

(1) the facts upon which the parties agree,

(2) the contentions of the parties with respect to facts upon which they disagree, and

(3) the conference officer’s recommendation whether

(i) the respondent has willfully failed to comply with the order for support,

(ii) the respondent should be held in contempt, and

(iii) sanctions or purge conditions should be imposed against the respondent.

Official Note

The sanction of imprisonment may be imposed only following an evidentiary hearing before a judge. See Rule 1910.25-5(a).

(b) The court, without hearing the parties, may enter an appropriate order after consideration of the conference summary. Each party shall be provided with a copy of the order and written notice that any party may, within twenty days after the date of receipt or the date of the mailing of the order, whichever occurs first, file a written demand with the domestic relations section for a hearing before the court.

(c) A demand for a hearing before the court shall stay the contempt order.

(d) If the court does not enter an order under Rule 1910.25-2(c) or subdivision (b) of this rule within five days of the conference, or if an order is entered and a demand for a hearing before the court is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The hearing de novo shall be held no later than seventy-five days after the date the petition for contempt was filed.

(e) The court shall not be precluded from conducting a hearing on the petition for contempt on the same day as the office conference.

Official Note

Every effort should be made to ensure that these cases are heard promptly, on the same day if possible.

The provisions of this Rule 1910.25-3 adopted May 31, 2000, effective July 1, 2000, 30 Pa.B. 3155; amended June 11, 2007, effective immediately, 37 Pa.B. 2800. Immediately preceding text appears at serial pages (303572) and (267753).