Fill and Sign the New York Consolidated Laws Civil Practice Law Ampamp Rules Law Form

F.C.A. §§ 433, 453, 454, ART.5-B; C.P.L.R § 5242 Form 4-12a-2(TO BE USED WHEN PERSON BEING SUMMONED(Violation of Support Order-IS NOT A NEW YORK STATE RESIDENT) Non-Resident) 8/2010FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF In the Matter of a Proceeding for Support underArticle of the Family Court ActDocket No.(Commissioner of Social Services, Assigneeon behalf of , Assignor) SUMMONSPetitioner, (NON-RESIDENT) (Violation of Support Order) -against-Respondent. IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO THE ABOVE-NAMED RESPONDENT: who resides or is found at A petition having been filed alleging that you have failed to obey the support order dated , made by this Court under Article of the Family Court Act, a copy of thepetition being annexed hereto;YOU ARE HEREBY SUMMONED to appear before this Court, located at , New York on , , at o’clock inthe noon of that day to answer the petition and show cause why you should not bedealt with in accordance with Section 454 of the Family Court Act and Section 5242 of the CivilPractice Law and Rules.Dated: , .BY ORDER OF THE COURT Clerk of the CourtNOTICE: YOUR FAILURE TO APPEAR OR TO TESTIFY BY TELEPHONE, AUDIO-VISUAL MEANS OR OTHER ELECTRONIC MEANS MAY RESULT IN YOURIMMEDIATE ARREST OR MAY RESULT IN SUSPENSION OF YOUR DRIVER’S Form 4-12a-2, Page 2LICENSE, STATE-ISSUED PROFESSIONAL, OCCUPATIONAL AND BUSINESSLICENSES; AND RECREATIONAL AND SPORTING LICENSES AND PERMITS. YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER. IF YOU CANNOTAFFORD A PRIVATE LAWYER, YOU HAVE THE RIGHT TO ASK THE COURT TOASSIGN A LAWYER. IF, AFTER HEARING, THE JUDGE FINDS THAT YOUWILLFULLY FAILED TO OBEY THE ORDER, YOU MAY BE IMPRISONED FOR ATERM NOT TO EXCEED SIX MONTHS FOR CONTEMPT OF COURT.NOTICE TO NON - NEW YORK STATE RESIDENTS: SECTION 580-316 OF THEFAMILY COURT ACT OF THE STATE OF NEW YORK PROVIDES THAT THECOURT MAY PERMIT A PARTY OR WITNESS RESIDING IN ANOTHER STATE1TO BE DEPOSED OR TO TESTIFY BY TELEPHONE, AUDIO-VISUAL MEANS OROTHER ELECTRONIC MEANS AT A DESIGNATED TRIBUNAL OR OTHERLOCATION IN THAT STATE. IF YOU ARE UNABLE TO APPEAR IN PERSON YOUMAY APPLY FOR PERMISSION TO TESTIFY BY TELEPHONE, AUDIO-VISUALMEANS OR OTHER ELECTRONIC MEANS. IF YOU WISH TO REQUEST THISPERMISSION YOU MUST RETURN THE ATTACHED "ELECTRONIC TESTIMONYAPPLICATION" TO THIS COURT EITHER BY CERTIFIED MAIL OR TELEPHONEFACSIMILE (FAX No. : ) IN ORDER FOR IT TO BE RECEIVEDBY THIS COURT NOT LATER THAN THREE DAYS, EXCLUDING SATURDAYS,SUNDAYS AND HOLIDAYS, IN ADVANCE OF THE HEARING DATE ON THISSUMMONS. IF YOUR APPLICATION IS DENIED YOU WILL BE SO NOTIFIED. YOUR FAILURE TO APPEAR IN PERSON OR BY COURT-APPROVEDELECTRONIC TESTIMONY MAY RESULT IN A DEFAULT JUDGMENT BEINGENTERED AGAINST YOU.NOTICE: Family Court Act §154(c) provides that petitions brought pursuant to Articles 4, 5, 6, 8and 10 of the Family Court Act, in which an order of protection is sought or in which a violationof an order of protection is alleged, may be served outside the State of New York upon aRespondent who is not a resident or domiciliary of the State of New York. If no other groundsfor obtaining personal jurisdiction over the Respondent exist aside from the application of thisprovision, the exercise of personal jurisdiction over the Respondent is limited to the issue of therequest for, or alleged violation of, the order of protection. Where the Respondent has beenserved with this summons and petition and does not appear, the Family Court may proceed to ahearing with respect to issuance or enforcement of the order of protection. FCA Section 580-101(19) defines "State" as a state of the United States, the District of Columbia, Puerto 1Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes: (i) an Indian tribe; and (ii) a foreign jurisdiction that has enacted a law or established procedures forissuance and enforcement of support orders which are substantially similar to the procedures under this Article, theUniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.