THE COURTS
MONTGOMERY COUNTY
Rescission of Local Rule 4007(d)*(6), *(7), *(8): Qualification of Surety and Adoption of Local Rule 531(A)*(6)--(11): Qualifications of Surety; No. Misc. 411 Apr. 01
[31 Pa.B. 2472]
Order And Now, this 23 day of April, 2001, the Court rescinds Montgomery County Local Rule of Criminal Procedure, Rule 4007(d)*(6),*(7),*(8). Qualification of Surety, and approves and adopts Montgomery County Local Rule of Criminal Procedure, Rule 531(A)*(6)--(11). Qualifications of Surety. This Rule shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.
The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.Crim.P. 105, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Criminal Procedural Rules Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, (1) copy with the Court Administrator of Montgomery County, one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.
By the Court
JOSEPH A. SMYTH,
President JudgeRule 4007(d)*(6),*(7),*(8). Qualification of Surety.
[Rescinded]
Rule 531(A)*(6)--(11). Qualifications of Surety.
(6) Residents or owners of realty in order to qualify to act as sureties must own realty within the Commonwealth of Pennsylvania. In all cases of realty owned outside Montgomery County, the surety must provide the following:
(a) Affidavit of Justification of each surety;
(b) Written appraisal by a reputable licensed real estate broker in the county in which the property is situate;
(c) 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;
(d) Letter from the mortgage company indicating the unpaid balance due on the mortgage covering the said property, if any;
(e) A lien and judgment search by a reputable title insurance company.
(7) Justification of Personal Surety. In justification of bail, personal surety shall be required to give the following information under oath:
(a) Name, address, age and occupation;
(b) A general description of real estate in Montgomery County of which the surety is a freeholder;
(c) A statement of the manner in which the surety obtained title, and upon failure to produce the evidence of title, the Deed Book or Will Book reference of the recording of the instrument by which the surety obtained title;
(d) A statement of all encumbrances, including taxes, upon said real estate;
(e) A statement of all other surety undertakings;
(f) A statement of the assessed, market and rental value of the real estate;
(g) A statement that the surety is not contemplating or negotiating the sale of the real estate.
(8) Corporate Surety.
(a) Every corporate surety duly authorized to do business in Pennsylvania may become surety on any bail bond required to be filed in this Court provided that a current Certificate of Authority issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, along with the current financial statement, shall be filed with the Clerk of Courts. No bond shall be executed by any corporate surety after May 15th of any year unless such a certificate is issued after March 31st of the same year and the financial statement shall have been filed with the Clerk of Courts.
(b) No bond shall be executed by any corporate surety where the aggregate maximum amount of unsettled and outstanding bail forfeitures, as determined by the Montgomery County Solicitor, is One Hundred Thousand ($100,000.00) Dollars. The County Solicitor shall immediately notify the Clerk of Courts, the District Attorney and the District Justices of Montgomery County, of any corporate surety having reached this maximum limit. The Clerk of Courts and District Justices shall immediately cease executing bonds by the corporate surety. When full financial settlement has been made with the County of Montgomery, the County Solicitor shall notify the Clerk of Courts and District Justices that execution of bonds by the corporate surety may resume.
(9) Surety Agents.
(a) Every agent, acting on behalf of a corporate surety, may execute a bail bond required to be filed in this Court provided that a Power of Attorney issued by the corporate surety setting forth the maximum limit of liability per bail, along with proof of licensing by the Insurance Department of the Commonwealth of Pennsylvania, shall be filed with the Clerk of Courts. No bond shall be executed by any surety agent after the expiration of such Power of Attorney until a new Power of Attorney shall have been filed with the Clerk of Courts.
(b) No bond shall be executed by any surety agent of a corporate surety authorized to do business in Montgomery County where the aggregate maximum amount of unsettled and outstanding bail forfeitures for all corporate sureties for which the surety agent is writing bonds, as determined by the Montgomery County Solicitor, is One Hundred Thousand ($100,000.00) Dollars. The County Solicitor shall immediately notify the Clerk of Courts, the District Attorney and the District Justices of Montgomery County, of any surety agent having reached this maximum limit. The Clerk of Courts and District Justices shall immediately cease executing bonds by the surety agent. When full financial settlement has been made with the County of Montgomery, the County Solicitor shall notify the Clerk of Courts and District Justices that execution of bonds by the surety agent may resume.
(10) Professional Bail Bondsman.
(a) Every professional bail bondsman, duly authorized to do business in Pennsylvania, may become surety on any bail bond required to be filed in this Court, provided that a currently valid registration and license from the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S. § 5742, evidencing such right, shall be filed with the Clerk of Courts. Every professional bail bondsman must present proof that he or she maintains an office in Montgomery County from which his or her business is conducted pursuant to 42 Pa.C.S. § 5744, and he or she must post and maintain as security with the Clerk the sum of Fifty Thousand ($50,000.00) Dollars in United States currency or securities of the United States Government
(b) No bond shall be executed by any professional bail bondsman where the aggregate maximum amount of unsettled and outstanding bail forfeitures, as determined by the Montgomery County Solicitor is One Hundred Thousand ($100,000.00) Dollars. The County Solicitor shall immediately notify the Clerk of Courts, the District Attorney and the District Justices of Montgomery County, of any professional bail bondsman having reached this maximum limit. The Clerk of Courts and District Justices shall immediately cease executing bonds by the professional bail bondsman. When appropriate financial settlement has been made with the County of Montgomery, the County Solicitor shall notify the Clerk of Courts and District Justices that execution of bonds by the professional bail bondsman may resume.
(11) Effective Date.
This rule shall apply to forfeitures entered on or after the effective date of this rule.
[Pa.B. Doc. No. 01-819. Filed for public inspection May 11, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
