Montgomery County, PA

Rule 531(A)*(6)-(11).             Qualifications of Surety.

(6)      Residents or owners of realty in order to be qualified to act as

sureties must own realty within the Commonwealth of Pennsylvania.

In all cases or 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 all 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 company 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 after

May  15th of the same year until 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 Solicitor for the Clerk of

Courts, is One Hundred Thousand ($100,000.00) Dollars. The

Solicitor for the Clerk of Courts 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 Solicitor for the Clerk of Courts 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 Solicitor for the

Clerk of Courts, is One Hundred Thousand ($100,000.00) Dollars.

The Solicitor for the Clerk of Courts 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 Court 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 Solicitor for the Clerk of Courts 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 a 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 Solicitor for

the Clerk of Courts, is One Hundred Thousand ($100,000.00)

Dollars. The Solicitor for the Clerk of Courts 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 Court

and District Justices shall immediately cease executing bonds by

the professional bail bondsman. When full financial settlement has

been made with the County of Montgomery, the Solicitor for the

Clerk of Courts 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 June

12, 2001.