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PA Bulletin, Doc. No. 13-1305

THE COURTS

DELAWARE COUNTY

Realty as Bail

[43 Pa.B. 4070]
[Saturday, July 20, 2013]

 And Now, this 28th day of June, 2013, It is hereby Ordered and Decreed that the existing Rule 4006(e) is rescinded and shall be entirely replaced by New Rule 528(f) in accordance with the following language effective September 1, 2013.

New Rule 528(f). Realty as Bail.

 1. If realty is offered to satisfy the bail set for an individual defendant, the following must be provided to the Office of Judicial Support (O.J.S.)—the Bail Agency:

 a) A written appraisal by a reputable licensed real estate broker in the county in which the property is situated.

 b) Proof of entry of the bail bond as a lien in favor of the County of Delaware in the Prothonotary's Office of the county in which the property is situated.

 c) If the property is mortgaged, a letter from the mortgage indicating any unpaid balance due.

 d) A current lien and judgment search by a reputable title insurance company.

 e) Affidavit of justification of surety as provided in paragraph (4).

 2. Upon review of the above documents, a determination must be made by the Office of Judicial Support (O.J.S.)—Bail Agency, 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 actual net value is at least equal to the amount of the bond, will realty be accepted as consideration for bail.

 3. A given piece of realty shall only be used as bail under Section 4006(e) if it has not been posted or is not presently being used for bail for any other charges or defendants, unless allowed by court order.

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

 a) Owner's name, address, age and occupation.

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

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

 d) A statement for all encumbrances, including taxes, upon said real estate.

 e) A statement of any and all other surety undertakings.

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

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

By the Court

CHAD F. KENNEY, 
President Judge

[Pa.B. Doc. No. 13-1305. Filed for public inspection July 19, 2013, 9:00 a.m.]


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