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PA Bulletin, Doc. No. 01-1299

THE COURTS

CARBON COUNTY

Adoption of CARB.C.R.CRIM.P. 528(D)(3), 530 and 531(A)(2) and Rescission of CARB.C.R.CRIM.P 528.1--528.6 and 529.1; No. 77 MI 01

[31 Pa.B. 3873]

Administrative Order No. 17-2001

   And Now, this 2nd day of July, 2001, it is hereby

   Ordered and Decreed that, effective thirty (30) days after publication in the Pennsylvania Bulletin, the Carbon County Court of Common Pleas hereby Adopts Local Rules of Criminal Procedure CARB.C.R.CRIM.P. 528(D)(3) governing Realty as Bail, CARB.C.R.CRIM.P. 530 governing Duties and Powers of a Bail Agency, and CARB.C.R.CRIM.P. 531(A)(2) governing the Qualification of Surety and Rescinds Local Rules of Criminal Procedure CARB.C.R.CRIM.P. 528.1 governing the Valuation of Bail Bonds, CARB.C.R.CRIM.P. 528.2 governing the Ten Percent (10%) Cash Bail, CARB.C.R.CRIM.P. 528.3 governing Realty as Bail, CARB.C.R.CRIM.P. 528.4 governing Justification of Personal Surety, CARB.C.R.CRIM.P. 528.5 governing the Qualification of Surety, CARB.C.R.CRIM.P. 528.6 governing Corporate Surety, and CARB.C.R.CRIM.P. 529.1 governing Bail Reduction.

   The Carbon County District Court Administrator is Ordered and Directed to do the following:

   1.  File seven (7) certified copies of this Administrative Order with the Administrative Office of Pennsylvania Courts.

   2.  File two (2) certified copies and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

   3.  File one (1) certified copy with the Pennsylvania Criminal Procedural Rules Committee.

   4.  Forward one (1) copy for publication in the Carbon County Law Journal.

   5.  Forward one (1) copy to the Carbon County Law Library.

   6.  Keep continuously available for public inspection copies of the Order and Rule in the Clerk of Court's Office.

By the Court

RICHARD W. WEBB,   
President Judge

Rule 528(D)(3).  Realty as Bail.

   A.  The defendant, or a third party surety, may post realty as security for bail. In this event, the following must be provided:

   1.  A written appraisal by a licensed real estate broker in the County in which the property is located.

   2.  Proof of entry of the bail bond as a lien in favor of the County of Carbon in the Prothonotary's Office of the County in which the property is situated.

   3.  If the property is mortgaged, a letter from the mortgagee indicating any unpaid balance due.

   4.  A current lien and judgment search by an attorney or reputable Title Insurance Company.

   5.  Affidavit of justification of surety as provided in paragraph (d).

   B.  Upon review of the above documents, a determination must be made that the actual net value of the property is equal to the amount of the bond. Only after the information requested above is supplied and a determination is made that the actual net value is at least equal to the amount of the bond, will realty be accepted as consideration for bail.

   C.  A given piece of realty shall only be used as bail under this rule if it has not been posted or is not presently being used for bail for any other charges for defendants unless allowed by Court Order.

   D.  If realty is offered as surety, the owner shall present justification for such by filing an affidavit containing the following information for such surety:

   1.  Owners name, address, age and occupation.

   2.  A general description of the real estate which is offered as surety.

   3.  A statement of the manner in which the title is obtained, including the deed or will book reference of the recording of such instrument of title.

   4.  A statement of all encumbrances, including taxes upon said real estate.

   5.  A statement of the assessed market value and any rental being paid.

   6.  A statement of the assessed market and rental value of the real estate.

   7.  A statement that the real estate is not being contemplated or actually negotiated for in any sale.

Rule 530.  Duties and Powers of a Bail Agency.

   The Pretrial Services Division of the Adult Probation Office shall be appointed the bail agency for the Court of Common Pleas of Carbon County to monitor and assist defendants released on bail pursuant to Pa. R.Cr.P. 530, except for administering the percentage cash bail.

Rule 531(A)(2).  Qualification of Surety.

   Residents or owners of realty in order to be qualified to act as sureties must own realty within the Commonwealth of Pennsylvania. In all cases of realty owned outside Carbon County, the surety must provide the following:

   1.  Affidavit of Justification of such surety;

   2.  Written appraisal by a reputable licensed real estate broker in the county in which the property is situate;

   3.  Proof of entry of the bond in favor of the Commonwealth in the Prothonotary's Office of the county in which the property is situate;

   4.  Letter from the mortgage company indicating the unpaid balance due on the mortgage covering the said property, if any;

   5.  A lien and judgment search by a reputable title insurance company.

[Pa.B. Doc. No. 01-1299. Filed for public inspection July 20, 2001, 9:00 a.m.]


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