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PA Bulletin, Doc. No. 96-1832

THE COURTS

WASHINGTON COUNTY

Local Rule L-4007: Admission of Persons to Bail; No.: 147 Misc. 1996

[26 Pa.B. 5228]

Order

   And Now, this 7th day of October, 1996, It Is Hereby Ordered that Local Rule L-4006 be rescinded and that Local Rule L-4007 be adopted as follows:

   This amendment shall become effective thirty days after publication in the Pennsylvania Bulletin.

THOMAS D. GLADDEN,   
President Judge

L-4007--Bail.

   This Rule is intended to implement percentage cash bail as provided by Pa.R.Crim.P. 4007.

   a.  Bail by approved surety companies, cash, real estate, or bearer bonds, in accordance with Pa.R.Crim.P. 4007 shall remain as heretofore.

   If the issuing authority who fines the amount of bond, Judge or District Justice, as the case may be, desires to render paragraph 2 hereof inoperative, he may do so by any language that makes it clear that the full face amount of the bond is to be posted. This of course may be done in any permissible mode:  cash, the bond of a good reputable surety company, justification of surety with two owners of, sufficient real estate, bearer bonds, or an acceptable commercial bail bondsman.

   b.  In substitution for bail of the type specified in Paragraph 1, the issuing authority where he has jurisdiction, or the Court, as the case may be, after setting bail in accordance with the criteria of Rule No. 4002, may admit such person to bail upon compliance with the following conditions:

   1.  The defendant shall execute an appearance bond in the full amount so determined, and

   2.  The defendant or any other person, a resident of the Commonwealth of Pennsylvania, shall deposit with the issuing authority or Clerk of Courts an amount in lawful currency of the United States equivalent to ten (10%) percent of the total amount of the appearance bond demanded, provided, however, that the defendant executes a written consent to the disposition of the amount so deposited.

   i.  In the event the defendant is found not guilty or the charges are dismissed, the amount so deposited shall be refunded to the defendant or other person making the deposit, less a service fee in the amount of $50.00 for the use of the County of Washington.

   ii.  In the event the defendant is found guilty, the amount so deposited by the defendant shall be refunded to the defendant, after deduction of the costs of prosecution, the fine, restitution, if any, and a service fee of $50.00 for the use of the County of Washington. If any other person deposits the bail and the defendant is found guilty, the amount so posted shall be refunded to the other person less the $50.00 fee.

   c.  Where the defendant is released under the provision of Paragraph 2 of this rule, he shall keep the issuing authority, and after the case is held for Court, the District Attorney advised of any change of address. All notices of hearing, indictment, arraignment, or trial shall be sent to the defendant and to the person depositing bail. The mailing of notice to defendants' last known address shall constitute sufficient notice.

   d.  Forfeiture of bail shall be governed by Pa.R.Crim.P. 4016.

   e.  All service fees collected by any issuing authority in cases that are held for Court shall be transmitted to the Clerk of Courts by check with the papers being filed.

   f.  Whenever real estate is used as a surety for bail, the defendant or the party placing bail for the defendant shall file a certificate, under oath, which lists the real estate owned anywhere outside of the Commonwealth but within the United States by the person placing the bail. Such certification shall include:

   1.  A certified copy or the original deed for each tract of real estate being used as bail surety.

   2.  Attached to the certification shall be an appraisal of the fair market value of the real estate as certified by a licensed real estate broker in the county in which the real estate is located:  or a document from the Tax Assessment Office listing owner(s) name and market value and appraised value.

   3.  A certification by an attorney who practices in the jurisdiction where the real estate is owned, or a certificate of a duly qualified/certified title searcher listing the encumbrances, mortgages, and liens against the real estate, and the unpaid balance of each encumbrance as of the date of the statement, at a minimum, from the date of the deed to the person(s) desiring to become surety.

   4.  Upon receipt of the above listed items, the Clerk will deduct any mortgages, judgments, or encumbrances from the fair market value of the property, to determine if there is sufficient equity to post bail.

   5.  Upon approval and execution of the bail undertaking and prior to release from confinement of the defendant, the Clerk will notify the surety that a judgment will be placed in the Office of the Prothonotary, for the full face amount of the bail. The Clerk will further notify the surety that the bail and judgment will remain in full force and effect until the full and final disposition of the case, up to and including the appellate process.

   6.  At the full and final disposition of the case, the Clerk will notify the surety by regular mail that the matter has been resolved and that the judgment may be lifted upon payment of the appropriate fee to the Prothonotary of the county in which the judgment was placed.

[Pa.B. Doc. No. 96-1832. Filed for public inspection November 1, 1996, 9:00 a.m.]


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