Pot. Cnty. Pa. CR528

As amended through March 15, 2024
Rule CR528 - Bail

Any criminal defendant or any person posting bail for said criminal defendant under a bail order set by a judicial officer, when offering up property for bail, shall submit forthwith an affidavit of value by some good and reputable person acceptable to the Magistrate, Judge or Clerk of Court receiving said bail. Said affidavit shall state that the persons offering said bail are the true and lawful owners and have a net equity in said property equal to a given dollar amount.

The Clerk of Court shall cross-index a Record of such offer of property for bail in the General Index of the Prothonotary's Office under the names of record property owners and the defendant. Such Record shall, additionally, include the following information:

(a) a brief reference to the property, the acreage, township or borough, and Deed Book reference;
(b) the amount of bail to be posted as against the property; and
(c) all encumbrances relating to the property such as liens, judgments, mortgages, and delinquent taxes.

Fees will be in accordance with the Clerk of Courts/Prothonotary fee schedule. No criminal defendant shall be released on property bail unless proof of making such entry as herein described is submitted to the appropriate authority.

The entry herein described shall become a lien on the subject property as of the date and time it is entered to the extent of the amount of bail.

The appropriate authority, whether it be the Magisterial District Judge or the Judge of the Court of Common Pleas, Criminal Division, shall, upon request at the appropriate time, issue a directive to the Prothonotary of Potter County and the bail shall be terminated as of a particular date and Prothonotary shall immediately upon the receipt of said Order mark the appropriate entry in the Record "discontinued".

When monetary bail is posted poundage will be retained by Potter County.

Pot. Cnty. Pa. CR528

Amended effective 4/18/2019.