THE COURTS
CHESTER COUNTY
Adoption of Local Rules of Criminal Procedure; No. 859M05
[35 Pa.B. 5245]
Order And Now, this 1st day of September, 2005, the Court approves and adopts the following Chester County Local Rules of Criminal Procedure. These Rules shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.
In conformity with Pa.R.C.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 Clerk of Courts of Chester County, one (1) copy with the Court Administrator of Chester County, one (1) copy with the Chester County Bar Association, one (1) copy with the Law Library of Chester County and one (1) copy with each Judge of this Court.
By the Court
PAULA FRANCISCO OTT,
President Judge
CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES Rule 100. Scope of Local Rules.
These local rules shall govern criminal proceedings in all Chester County Courts, including Courts not of record where applicable. Unless otherwise specifically provided, these local rules shall not apply to juvenile or domestic relations proceedings.
These local rules have been structured and given numbers that are keyed to the numbers of the general rules of the Supreme Court to which the local rules correspond. As these local rules are intended to be a supplement to the general rules of the Supreme Court and Acts of the Assembly, the parties should always consult the corresponding general rules of the Supreme Court and any applicable Act of the Assembly.
Rule 101. Purpose and Construction of Local Rules.
(A) These rules are intended to provide for the just determination of every criminal proceeding.
(B) These rules shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.
(C) To the extent practicable, these rules shall be construed in consonance with the rules of statutory construction.
(D) These rules are intended to be a supplement to the Pennsylvania Rules of Criminal Procedure and Acts of the Assembly, and are not intended to conflict with them.
(E) These rules shall not be construed in any manner that would render them inconsistent with any general rule of the Supreme Court or any Act of the Assembly.
Rule 102. Citing the Chester County Criminal Rules.
These rules shall be known as the Chester County Rules of Criminal Procedure, and shall be cited as ''C.C.R.Crim.P. ____ .''
PART A
BUSINESS OF THE COURTSRule 103. Definitions.
Unless otherwise defined, the words and phrases used in the Chester County Rules of Criminal Procedure shall have the same meaning as the definitions set forth in Pa.R.Crim.P. 103.
Rule 104. Forms.
The Clerk of Courts shall maintain, in each courtroom, forms for use by defendants and by counsel, including:
* Application for Continuance
* Application for Bench Warrant
* Application to Dismiss/Quash Bench Warrant
* Praecipe for Appearance
* Transport Order
* Bail Slips
* Verdict, Sentence and Explanation of Post Verdict Rights
* Waiver of Jury Trial
* Plea Colloquy
* Sentencing Sheets
* Probation and Parole Violation Sentencing Form
* Summary Plea and Verdict Form
* Discharge Order
* Driving Under Influence/Intermediate Punishment Parole Order
* Pre-Sentence Investigation Order
* Indirect Criminal Contempt/PFA Order
* License Suspension Affidavits
* General Order Form
Rule 105(C). Amendment of Local Rules.
A local rule can be amended, upon approval by a majority of the sitting judges of the Court of Common Pleas of Chester County, and upon compliance with applicable rules and law, pursuant to Pa.R.Crim.P. 105(C).
Rule 105(D). Effective Date.
A local rule shall become effective 30 days after the date of publication of the rules in the Pennsylvania Bulletin, pursuant to Pa.R.Crim.P. 105(D), unless a later date is specified in the Amendment.
Rule 105(E). Violation of Local Rule.
These local rules are procedural and do not create any enforceable substantive rights in any party. No case shall be dismissed nor request for relief granted or denied because of failure to comply with a local rule. In any case of noncompliance with a local rule, the Court shall alert the party to the specific provision at issue and provide a reasonable time for the attorney to comply with the local rule. After the Court has alerted the party to the local rule, the court may impose a sanction for subsequent noncompliance either on counsel, or the defendant, if proceeding pro se, but may not dismiss the case, or grant or deny relief because of noncompliance.
Rule 105(F).1. Authority of President Judge.
The President Judge of the Court of Common Pleas of Chester County may, by Administrative Regulation, suspend or vacate a local rule under applicable law when it appears that the rule is no longer in conformity with applicable state law.
Nothing in these local rules shall limit the authority of the President Judge to issue Administrative Orders that the President Judge may otherwise have the authority to issue under applicable law.
Rule 105(F).2. Chester County Criminal Rules Committee.
A criminal procedural rules committee may be established by the President Judge from time to time to study and make recommendations to the Court concerning local procedure in criminal matters and the promulgation and amendment of local rules of criminal procedure. The committee shall consist of a judge of the Court of Common Pleas of Chester County, together with at least four (4) members in good standing of the Bar of the Supreme Court of Pennsylvania, who maintain a principal office for the practice of law in Chester County. The judicial member and two lawyer members of the committee shall be appointed by the President Judge, one representative shall be named by the District Attorney of Chester County and one representative shall be named by the Public Defender of Chester County. All members shall serve at the will of the person appointing them. The President Judge shall select the Chairman of the committee. The committee shall meet and report at the direction of the President Judge, or of the Chairman of the committee.
Rule 105.1(a). Individual Calendars.
When a criminal proceeding is filed with the Clerk of Courts, the Court Administrator's Office shall forthwith assign it to a judge. Said assigned judge shall then be responsible for handling all phases of the assigned case, including but not limited to: Pre-Trial Motions, Trials, Post-Trial Motions and Sentencing, unless otherwise directed by the President Judge.
Rule 105.1(b). Assignment Method.
The Court Administrator in accordance with regulations approved by the President Judge shall make the assignment to a judge. Said regulations shall create a blind rotation system, which balances the caseloads among the judges. The sequence of assignment shall be kept secret and all steps shall be taken to prevent any person from being able to ascertain the name of the judge to whom any case may be assigned before the assignment.
Rule 105.1(c). Murder and Major Cases; Pre-Assignment.
When a defendant is charged with murder or a major crime in the complaint, upon written request of counsel to the Court Administrator the case may be assigned to a judge before the preliminary hearing.
Rule 105.1(d). Reassignment of Cases.
The President Judge may reassign cases whenever necessary to eliminate conflicts, to promote a balance of the workload among the judges, and to improve prompt and just administration of all cases.
Rule 105.1(e). Consolidation.
Cases that are consolidated for trial after assignment to separate judges will be so consolidated by the Court Administrator's Office.
Rule 105.2. Interpreters.
In all criminal proceedings in Court or before Magisterial District Judges, where either a defendant or a testifying witness so requests, an official interpreter, or an alternate, shall be provided by the Court, through the Court Administrator's Office. It shall be the responsibility of counsel representing the defendant, or calling the witness, to notify the Court Administrator's Office, not less than twenty-four (24) hours in advance of the proceeding, when an interpreter will be needed.
Note: If the Magisterial District Judge is aware that an interpreter will be needed, the Magisterial District Judge should advise the Court Administrator.
Rule 105.3(a). Transport of Prisoners; Out of County.
In any criminal proceeding in which a court appearance by a prisoner housed in a facility out of Chester County will be required, the party, designated by C.C.R.Crim.P. 105.3(c), shall submit to the Court a transport order containing the location of the prisoner and when the prisoner will be needed for court. Once the Court signs the transport order, it shall be filed with the Clerk of Courts and copies provide to the Court Administrator and the Sheriff. The Sheriff shall arrange appropriate transportation of the prisoner. Absent genuine exigency or most unusual circumstances, a request for transport of a prisoner shall be made not less than three (3) days before the scheduled court appearance.
Note: The Court Administrator can issue a per curiam transport order if the prisoner is housed in a county facility. However, if the prisoner is housed in a state facility, the transport order requires a judicial signature.
Rule 105.3(b). Transport of Prisoners; County Prisoners.
In any criminal proceeding in which a court appearance by a prisoner housed by Chester County Prison will be required, the party, designated by C.C.R.Crim.P. 105.3(c), shall contact the Chester County Sheriff and request that the prisoner be transported. The Sheriff shall be provided with the name of the prisoner, the prisoner's identification number or date of birth, and the time and location of the appearance. Absent genuine exigency or most unusual circumstances, a request for transport of a prisoner shall be made not less than one (1) day before the scheduled court appearance.
Rule 105.3(c). Party Responsible for Transport Orders.
The party responsible for requesting the transport of a prisoner shall be as follows:
(A) Defense counsel shall have the responsibility for arranging transportation for hearings involving bail, habeas corpus, PCRA, Rule 600, the entering of a plea, and any other proceedings initiated by the defense, where the defendant's presence is required.
(B) The District Attorney shall be responsible for arranging transportation for proceedings such as arraignment, trial, sentencing, extradition, or hearings involving violation of probation or parole.
(C) For matters not listed above, the parties shall make every effort to agree as to who shall be responsible for arranging transportation of the prisoner.
Rule 105.3(d). Constable Transports--Humanitarian Reasons.
As there are instances when, for humanitarian reasons, or for other good cause, persons in confinement need to be transported from the place of confinement to another location, the Court may, upon petition and good cause shown, issue an Order authorizing the transport, either at the cost of the defendant, or at the cost of the County, to be made by a constable. These constables may be assigned at random by the Court from a list of constables duly qualified to do such transports. The Court Administrator of Chester County shall notify all Chester County constables who wish to be involved in said transports to do so in writing to the Court Administrator of Chester County. The Warrant Enforcement Bureau (WEB) will maintain this list and the assignments may be made on a random, rotating basis. Constables who wish to be part of this list must agree that in appropriate cases the Court may determine that a single constable will be sufficient for said transport. In any case in which the County pays the constable transport cost, the constable must comply with the Constable Handbook adopted by the Chester County Commissioners.
Rule 105.4. Documents.
A carbon, photo static, or NCR copy of any document filed with the Clerk of Court shall be given the full lawful effect of its original for all purposes when certified as a true copy by the Clerk of Courts or a duly authorized deputy.
Rule 105.5(a). Answer to Parole Petition by Commonwealth.
Upon receipt of a copy of a parole application, the attorney for the Commonwealth shall, within ten (10) days, in a signed writing, advise the judge to whom the application is addressed whether the application is opposed. The attorney for the Commonwealth shall serve a copy of such notice upon the defendant and upon the filing attorney or the last attorney of record.
Rule 105.5(b). Parole Hearing.
If the attorney for the Commonwealth or the warden opposes the application, and the Court does not deny the application, the Court shall schedule a hearing, with notice to the defendant, to the attorney for the Commonwealth, and to defendant's attorney of record, if any.
Rule 105.6(a). Session Calls.
Unless otherwise directed by the assigned judge, the principal call of said judge's criminal list, will be conducted, during the week immediately prior to the judge's trial session. The Criminal Court Administrator, a court reporter, counsel of record and unrepresented defendants shall be present, except as otherwise provided in this rule. The Court Administrator shall send notice.
Rule 105.6(b). Presence of Counsel.
Counsel of record need not be personally present:
(i) for continuance requests for filed ARD or IPP applications, with the written consent of the District Attorney; or
(ii) if there is present at the call of the list a lawyer who counsel of record has designated to answer the call for counsel of record and which designee has knowledge of the status of the case; or
(iii) if Counsel has notified the Court Administrator, copy to District Attorney, in writing of the disposition of the case (other than a continuance) prior to the call of the list.
Rule 105.6(c). Periodic Calls.
During the trial week, periodic calls shall be held at such times and in such manner as directed by the judge to whom the case has been assigned.
Rule 105.6(d). Duty of Counsel.
Counsel shall be required to keep the Criminal Court Administrator advised of changes in the status of the case.
Rule 105.7(a). Copies of Orders.
A party who has obtained an order shall, at the time of filing, supply to the Clerk of Courts two (2) copies thereof to be conformed and delivered by the Clerk in accordance with the State Rules.
Rule 105.7(b). Delivery to District Attorney or Public Defender.
Delivery of documents by the Clerk to the District Attorney or Public Defender may be achieved by the Clerk of Courts placing conformed and time-stamped copies thereof in the boxes provided in the Clerk's Office for that purpose.
Rule 105.8. Praecipe to Reduce Sentence to Judgment.
In all Court Cases and Summary Cases, once the Judge has imposed sentence, the Clerk of Courts shall reduce the sentence to judgment and enter that judgment upon the appropriate docket. A separate praecipe to reduce sentence to judgment shall not be required.
Note: Traditionally a praecipe to reduce sentence to judgment was filed so the Clerk of Courts would enter the judgment of sentence on the appropriate docket for appeal purposes. See Pa.R.A.P. 301(a) and 904(d). However, current practice is that the judgment of sentence is always entered on the appropriate docket without a request from a party. See Pa.R.Crim.P. 113 and 114.
Rule 105.1901. Dismissals.
Pursuant and subject to the requirements of Pa.R.J.A. 1901, the Clerk of Courts shall prepare a 1901 list no later than February 1 of each year and send it to the District Attorney with a copy to the Public Defender. Counsel shall advise the court in writing, within ninety (90) days of the list being delivered, of good cause for retaining a matter on the list. If no good cause of continuing a proceeding is shown an order for dismissal shall be entered by the Court, subject to the right of either party to petition to reactivate the matter for good cause shown.
Rule 106(A). Applications for Continuance.
All applications for continuance shall be made to the assigned judge or substitute, with notice to the opposing party, setting forth the reason for the requested continuance.
Rule 106(B). Order for Continuance.
Counsel requesting a continuance shall submit a proposed order, which shall specify:
1. The party requesting the continuance
2. The reason for the continuance request
3. The position of the opposing party
4. Reason for Grant/Denial
The Court Administrator will provide a suggested form of such order.
Rule 114. Orders and Court Notices: Filing; Service; and Docket Entries.
Pa.R.Crim.P. 114 shall govern the procedures for the filing, service, and docketing of orders and court notices.
Rule 114(B)(2). Service of Orders and Court Notices.
The Clerk of Courts, the Court Administrator, or the Court, may serve orders and court notices.
Rule 117. Coverage: Issuing Warrants; Preliminary Arraignments and Summary Trials; and Setting and Accepting Bail.
Pursuant and subject to the requirements of Pa.R.Crim.P. 117, the President Judge shall, as needed, issue an Administrative Order implementing Pa.R.Crim.P. 117.
Rule 118. Use of Two-Way Simultaneous Audio-Visual Communication in Criminal Proceedings.
Pa.R.Crim.P. 118 shall govern the procedures for the use of two-way simultaneous audio-visual communication in criminal proceedings.
PART B
COUNSELRule 120.1. Appearance and Withdrawals.
Appearances and Withdrawals Shall be in Accordance with State Rule 120, et seq.
Rule 120.2. Effect of Entry of Appearance.
The entry of the formal written appearance shall require counsel to represent the defendant until proceedings have been terminated in the Court of Common Pleas of Chester County, including without limitation, motions for withdrawal of guilty plea or for modification of sentence, except that the attorney may withdraw an appearance with leave of Court. Court-appointed counsel shall continue representation only through any direct appeal by right, unless the period of representation is specifically extended by the Court.
Rule 120.3. Obligation of Counsel After Certain Dispositions.
A previously filed appearance shall not require counsel to represent a defendant after placement on ARD, or in proceedings involving probation or parole.
CHAPTER 2. INVESTIGATIONS
PART A
SEARCH WARRANTSRule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth.
The District Attorney of Chester County having filed a certification, pursuant to Pa.R.Crim.P. 202, search warrants shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.
CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION (ARD)
PART A
SUMMARY CASESRule 300. Summary Cases Excluded.
The District Attorney of Chester County having filed a certification, pursuant to Pa.R.Crim.P. 300, has designated, in addition to those offenses and/or offenders which are statutorily excluded, that summary cases are ineligible for ARD.
PART B
COURT CASESRule 316(A).1. Administration Fee.
In addition to such other conditions as may be imposed, a condition of admission into the ARD program shall be that a person accepted into the program shall pay a fee as established by Court Order.
Rule 316(A).2. Terms of Payment.
Unless the terms of payment are agreed upon prior to the ARD hearing, the Court shall include in its Order the method, amounts and times for payment. In the absence of good cause shown, all fees shall be paid in advance of the ARD hearing.
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART F
PROCEDURES IN SUMMARY CASES FOR APPEALING TO COURT OF COMMON PLEAS FOR A TRIAL DE NOVORule 460.1 Procedures in Summary Cases for Appealing to Court of Common Pleas; Nunc Pro Tunc.
When an appeal is authorized by law in a summary proceeding, a summary appeal shall be perfected, pursuant to Pa.R.Crim.P. 460, by filing a Notice of Appeal, with the Clerk of Courts, within thirty (30) days after the entry of the guilty plea, the conviction, or other final order, from which the summary appeal is taken.
If a party seeks to file a summary appeal after the thirty (30) day appeal period has expired, the following procedure shall be followed:
(A) The party seeking a summary appeal nunc pro tunc shall file, pursuant to Pa.R.Crim.P. 460, a Notice of Appeal, with the Clerk of Courts. The party shall pay any applicable fees. The Clerk of Courts shall, within five (5) days, follow the procedure set forth in Pa.R.Crim.P. 460(C). The Issuing Authority shall, within twenty (20) days, follow the procedure set forth in Pa.R.Crim.P. 460(D).
(B) The party shall also file, contemporaneously, with the Clerk of Courts, a Petition for Summary Appeal Nunc Pro Tunc. Pursuant to C.C.R.Crim.P. 575(A), before the Petition is filed, it shall be covered with a Notice of Hearing, completed by the Court Administrator, setting forth the time and place of the hearing. However, the Court Administrator shall not schedule a hearing if the party has not complied with paragraph (A) of this rule, nor shall the Court Administrator schedule a hearing for the appeal filed pursuant to paragraph (A) of this rule. The hearing date shall not be less than thirty (30) days from the date of the request for a hearing.
(C) In addition to the requirements of Pa.R.Crim.P. 575, the Petition for Summary Appeal Nunc Pro Tunc shall contain the following:
1. The Caption of the Case; including the Miscellaneous Number assigned by the Clerk of Courts.
2. The procedural history of the case; including all relevant dates, charges, and citation numbers.
3. The specific facts the party would attempt to prove at a hearing, which the party asserts would warrant nunc pro tunc relief.
Note: A party who seeks a summary appeal nunc pro tunc must plead and prove that the failure to file a timely summary appeal was caused by the ''fraud or its equivalent'' of a ''court official'' or because of a ''breakdown in the court's operation.''
4. The specific facts the party would attempt to prove demonstrating that the party acted promptly in seeking nunc pro tunc relief.
Note: A party who seeks a summary appeal nunc pro tunc must plead and prove that they acted promptly to assert such a right upon learning of the existence of the grounds relied upon for such relief.
5. Copies of all documents and a list of all witnesses that the party relies upon.
6. A copy of the completed Notice of Appeal filed pursuant to paragraph (A) of this rule.
7. Any legal authority and theories the party relies upon in seeking nunc pro tunc relief.
8. A sworn affidavit of the person or persons having knowledge of the facts that the facts are verified as true and correct, or an unsworn written statement of such person or persons, that the facts are verified as true and correct subject to the penalties for Unsworn Falsification to Authorities, pursuant to 18 Pa.C.S.A. § 4904 of the Crimes Code.
(D) If the Petition for Summary Appeal Nunc Pro Tunc is granted, and no appeal from that order is filed, the Clerk of Courts shall combine the summary appeal file containing the Notice of Appeal with the miscellaneous file containing the Petition for Summary Appeal Nunc Pro Tunc, and the Court Administrator shall schedule a hearing on the merits, as it would if the Notice of Appeal was filed timely.
(E) If the Petition for Summary Appeal Nunc Pro Tunc is denied, the Clerk of Courts shall mark the Notice of Appeal as dismissed as untimely, and the judgment of the Magisterial District Judge shall stand. If there are any unpaid fines, costs, restitution, or any other outstanding matters such as community service, treatment, etc., the case shall be returned to the Magisterial District Judge, for further proceedings.
CHAPTER 5. PRETRIAL PROCEDURES IN
COURT CASES
PART B(1)
COMPLAINT PROCEDURESRule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.
The District Attorney of Chester County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging the following offenses shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing:
* Criminal Homicide--18 Pa.C.S.A. § 2501;
* Murder in any degree--18 Pa.C.S.A. § 2502;
* Voluntary Manslaughter--18 Pa.C.S.A. § 2503;
* Involuntary Manslaughter--18 Pa.C.S.A. § 2504;
* Rape--18 Pa.C.S.A. § 3121;
* Statutory Sexual Assault--18 Pa.C.S.A. § 3122.1;
* Involuntary Deviate Sexual--18 Pa.C.S.A. § 3123;
* Sexual Assault--18 Pa.C.S.A. § 3124.1;
* Institutional Sexual Assault--18 Pa.C.S.A. § 3124.2;
* Aggravated Indecent Assault--18 Pa.C.S.A. § 3125;
* Arson--18 Pa.C.S.A. § 3301;
* Robbery--18 Pa.C.S.A. § 3701(a)(1)(i), (ii), (iii);
* Homicide by Vehicle--75 Pa.C.S.A. § 3732;
* Homicide by Vehicle While DUI--75 Pa.C.S.A. § 3735.
* Any criminal compliant filed against a person who is under 18 years of age under circumstances where the law authorizes such person to be charged as if the person were an adult. See C.C.R.Crim.P. 540.2.
PART C
BAILRule 522. Material Witnesses.
The Chester County Local Bail Rules shall apply equally to witnesses detained under Pa.R.Crim.P. 522. Applicability of these Rules in interstate witness situations under 42 Pa.C.S.A. § 5963 or § 5964 shall be subject to the discretion of the Court.
PART C(1)
RELEASE PROCEDURESRule 524(C).1. R.O.R.
Where the Court or the issuing authority releases a defendant on the defendant's own recognizance (R.O.R.), the defendant shall not be subject to the rules, regulations, and special conditions of the Chester County Court Bail Agency.
Rule 528(C).1. Ten Percent Bail.
An issuing authority, with notice to the Chester County Court Bail Agency, or the Court may release a defendant upon the posting by or for defendant of ten (10) percent of the amount of bail set, but in no event less than twenty-five dollars ($25). Defendant or a private third party surety shall execute the bail bond and post the sum required with the issuing authority or the Clerk of Courts.
Rule 528(D).1. Posting Real Estate Bail.
If realty is offered to satisfy the bail set for a defendant, whether before an issuing authority or thereafter, the following must be provided to the Clerk of Courts of Chester County:
(i) the original deed, or a true copy certified by the Recorder of Deeds, for the realty being posted;
(ii) a certificate from the Tax Assessment Office of the county in which the property is located, setting forth a general description of the property, the tax book references, and the assessed valuation of the realty as of the time the bail is requested;
(iii) if the property is mortgaged, the original of a statement from the mortgagee indicating the unpaid balance due;
(iv) a lien, judgment, and last owner search, dated not more than two (2) days prior to the posting of the bail, prepared by a reputable title insurance company or a reputable local abstracter;
(v) the most recent tax receipts for county and school taxes applicable to the realty; and
(vi) if the realty offered is situated in another county, a written statement from the Prothonotary of such county that, in the event of forfeiture of the bail, said Prothonotary will accept said forfeiture for filing in that county and for entry and indexing as a judgment against the surety.
The Clerk of Courts shall enter judgment on the bond, and file a lien in the amount of the bond, in the office of the Prothonotary in the county in which the realty is located.
Rule 528(D).2. Establishing Value of Real Estate Bail.
The net value of any piece of realty, for purposes of posting bail, shall be determined by multiplying the assessed valuation of said property by the applicable county factor, and subtracting there from any mortgages, liens, or encumbrances. Alternatively, or if such calculation shall yield a value insufficient for the posting of bail, the surety may present a verified appraisal report from a licensed real estate broker doing business in the county where the realty is located, establishing a higher valuation for the realty. Such appraisal may be substituted for the multiple of assessed valuation.
Rule 528(D).3. Review of Documents by Clerk of Courts.
Upon review of the above documents, a determination will be made by the Clerk of Courts, as to whether the actual net value of the realty equals or exceeds the amount of the bail. Only after necessary documentation is provided to, and such determination made by the Clerk of Courts may realty be accepted for bail.
Rule 528(D).4. Posting for More Than One Defendant Prohibited.
Any piece of realty may be posted as bail only if it is not presently posted as bail for any other defendant or in any other matter, except with leave of Court.
Rule 528(D).5. Verification of Surety.
When realty is offered for bail, the owner(s) shall, in the presence of a member of the issuing authority's staff or Clerk of Courts' staff, file a verification of surety in the form required by the Clerk of Courts, and a verified statement that the realty posted is not subject to any outstanding lien, encumbrance, or agreement not shown in the search required by C.C.R.Crim.P. 528(D).1(iv).
PART C(2)
GENERAL PROCEDURES IN ALL BAIL CASESRule 530.1. Powers of Bail Agency.
The Chester County Court Bail Agency is designated to have the duties and powers as set forth in Pa.R.Crim.P. 530.
Rule 530.2. Supervision by Bail Agency.
Any defendant released on percentage, nominal or unsecured bail shall be subject to the rules, regulations and special conditions of the Chester County Court Bail Agency, as set forth on the Bond. Where the Court or the issuing authority releases a defendant on percentage or nominal bail, the Chester County Court Bail Agency may be designated as surety for the defendant.
Rule 531(A).1. Corporate Sureties.
Corporate sureties or professional bail bondsmen or agents thereof are expressly prohibited from posting percentage bail allowed pursuant to these rules.
Rule 531(A).2. Application to Surety and Fidelity Companies and Professional Bondsmen, in General.
Surety companies, fidelity companies and bondsmen are not qualified to act as sureties in Chester County except as otherwise provided for in these rules.
Rule 531(A).3. Listing of Approved Sureties and Bondsmen.
The Clerk of Courts shall compile, maintain, and make available for public inspection a list of approved surety companies, fidelity companies, and professional bondsmen qualified to act as sureties in Chester County (hereinafter, ''the approved list'').
Rule 531(A).4. Approved Bondsman, Requirements to be Fulfilled By.
A professional bondsman, as defined in 42 Pa.C.S.A. § 5741, may not be included on the approved list unless the bondsman:
(i) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S.A. § 5742;
(ii) presents proof that the bondsman maintains an office in Chester County from which the bondsman conducts business, pursuant to 42 Pa.C.S.A. § 5744;
(iii) posts and maintains as security with the Clerk of Courts the sum of twenty-five thousand dollars ($25,000) in United States currency or securities of the United States government.
Rule 531(A).5. Approved Surety/Fidelity Companies, requirements to be fulfilled by.
Any fidelity or surety company authorized to act as surety within this Commonwealth may not be included on the approved list unless the company:
(i) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 40 P. S. § 831 et seq;
(ii) files with the District Attorney and with the Clerk of Courts, for the last calendar quarter ending before the date of the application, a report of the sort required to be filed quarterly, pursuant to 42 Pa.C.S.A. § 5747;
(iii) posts and maintains as security with the Clerk of Courts the sum of twenty-five thousand dollars ($25,000) in United States currency or securities of the United States government.
Rule 531(A).6. Petition for Placement on Approved List.
A professional bondsman or fidelity or surety company wishing to be placed on the approved list must file a petition for such inclusion, in the manner provided by Pa.R.Crim.P. 575 et seq. Copies of said petition shall be served on the District Attorney and the Bail Agency. Hearing on said petition shall be scheduled by the Court Administrator on not less that 20 days notice to the District Attorney and the Bail Agency, which period may be extended for good cause shown on application by either agency. Upon a finding of compliance by the applicant with these rules and all applicable laws, the Court shall order the placement by the Clerk of Courts of the name of the applicant on the approved list.
Rule 531(A).7. Removal of Surety or Bondsman from Approved List.
Upon order of the Court of Common Pleas of Chester County, after Motion filed by any interested party and hearing held on not less than ten (10) days notice to the bondsman or fidelity or surety company, the Clerk of Courts shall remove the name of the bondsman or company from the approved list. Grounds for suspension or revocation shall include, in the discretion of the Court:
(i) failure of the bondsman or fidelity or surety company to comply with any requirement of these rules;
(ii) suspension of the license of a bondsman by a Court of Common Pleas elsewhere in the Commonwealth of Pennsylvania for reasons other than failure to maintain an office in the county in which the bondsman was suspended;
(iii) suspension of the license of a fidelity or surety company by the Insurance Department of the Commonwealth of Pennsylvania;
(iv) non-compliance by a fidelity or surety company with the requirements of 42 Pa.C.S.A. § 5747;
(v) non-compliance by a bondsman with the requirements of 42 Pa.C.S.A. § 5746(b).
Rule 531(A).8. Bail Forfeiture, Deduction from Surety's Posted Security.
Whenever bail has been forfeited with respect to a defendant for whom bail has been posted by a professional bondsman or surety company or fidelity company, the amount of said forfeited bail shall, pursuant to Pa.R.Crim.P. 536, be deducted and withdrawn by the Clerk of Courts from the security posted by the said bondsman or company pursuant to these rules. Within ten (10) days after notice to the bondsman or company of such withdrawal by the Clerk of Courts, the said bondsman or company shall replenish the posted security to maintain twenty-five thousand dollars ($25,000) as security. Failure, after such notice, to replenish the security shall (i) require notice by the Clerk of Courts of such failure to the District Attorney, and (ii) be grounds for removal of the name of the bondsman or fidelity or surety company from the approved list.
Rule 531(A).9. Approved List, Additions and Deletions, Circulation of.
The Clerk of Courts may make additions to or deletions from the approved list at any time. When there is an addition to or deletion from the list, the Clerk of Courts shall distribute copies of the list to the District Attorney of Chester County, Public Defender of Chester County, Bail Agency, Warden, and to the Court Administrator who shall distribute the list to all sitting Judges and Magisterial District Judges of the 15th Judicial District. An updated list shall be distributed to the above individuals by the Clerk of Courts at least once every twelve (12) months, notwithstanding the absence of any additions or deletions from the list.
Rule 531(A).10. Bail Accepted only from Approved Sureties.
No person or office may accept bail from a bondsman, a fidelity company or a surety company that is not included on the current approved list.
Rule 534. Termination of Case.
In cases where a defendant has been sentenced to a term of imprisonment, commencement of which sentence has been deferred, full and final disposition of the case shall not be deemed to occur prior to defendant's surrender to authorities for commencement of the sentence of imprisonment.
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