PA · rules
Armstrong Cnty. C.P. Rules of Criminal Procedure Rule 528
Monetary Condition of Release on Bail. Realty as
Security
(a) When realty is offered to satisfy a monetary condition
of bail, in full or in combination with other forms of security,
a completed affidavit of surety and surety information page
(including a warrant of attorney for confession of judgment)
must be submitted to the Clerk of Courts. The affidavit and the
surety information page shall be in such form as the Clerk may
prescribe from time to time.
(b) The affidavit of surety and the surety information page
shall be signed by the defendant and by all owners of the realty
being offered as security if the realty is not owned by the
defendant
(c) Attached to each affidavit of surety submitted pursuant to
paragraph (a), above, shall be the following:
(i) a photocopy of the deed, decree of distribution
or other instrument of record, bearing all
pertinent recording data, by which title was
acquired, and
(ii) the written certification by a lawyer licensed to
practice law in the Commonwealth certifying the
names of the current owners of record of the
realty, certifying that good and marketable title
is vested in them, and further certifying the
nature, holder and unpaid balance of each lien
that then encumbers the realty, including, but
not limited to, mortgage, judgment and tax liens.
A title insurance policy with the County of
Armstrong appearing as a named insured may be
Substituted for the lawyer’s written
certification.
(d) The Clerk of Courts shall make the determination of
whether the net value of the property is sufficient to satisfy
the monetary condition. For property located outside the
Commonwealth but within the United States, the Clerk may impose
reasonable conditions designed to perfect the lien. The Clerk
shall not accept realty outside the Commonwealth as fulfillment
of the monetary condition, in whole or in part, without special
approval of Court.
(e) The Clerk of Courts shall, as final acceptance of the
realty as security, cause of judgment to be confessed against
all owners thereof in the appropriate county, in favor of the
Commonwealth for the use of Armstrong County. The Clerk of
Courts in hereby authorized to execute all judgment lien
releases for property that may be encumbered by the judgment
lien, but not intended to serve as security, and is further
authorized to cause the judgment lien to be marked as satisfied
after the full and final disposition of the case. The Clerk
shall file a certificate among the papers of the criminal case
certifying that judgment has been entered and setting forth the
pertinent details of entry.
(f) A fee shall be paid to the Clerk of Courts at the time
of the submission of the affidavit of surety. The amount of the
fee shall be determined from time to time by Order of the Court.
No cost arising from the perfection, release or satisfaction of
a judgment lien shall be paid by the Clerk, but shall be borne
by the defendant or a surety.
Provenance
- Source
- www.accourts.com
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
b02bb6ede75f897d338e732f65ccc46f52f16567a89f906a272cfe958fd50322
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