Chester Cnty. C.P. Court of Common Pleas Local Rules of Criminal Procedure Rule 522

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 PROCEDURES

Rule 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 bail agency.

Rule 528(C).1. Ten Percent Bail.

An issuing authority, with notice to the 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 Prothonotary’s Office 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

therefrom 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 CASES