A. In cases where realty is posted as bail, the following procedures shall be applied to determine the value of the realty and the equity in it: 1. The fair market value of the realty shall be established by a written appraisal report prepared by a real estate broker duly licensed in Pennsylvania, within three (3) months of the date of presentation of the report; or by multiplying the assessed value of the realty (land and improvements) by the common level ratio factor prescribed by the Pennsylvania Department of Revenue from time to time for transfer tax purposes.2. The equity in realty shall be determined by considering the appraisal and a lien certificate signed by any attorney at law authorized to practice in this Commonwealth, including the solicitor of the Recorder of Deeds, Prothonotary, Tax Claim Bureau, or a duly authorized agent of a title insurance company licensed to do business in Pennsylvania. The certificate must identify all liens against the property and the face amounts thereof. Statements from lienholders about current balances may also be considered.B. Certificates and appraisals shall be presented to the Magisterial District Judge or to the Clerk for determination of the acceptability of the realty for bail purposes. A defendant may appeal any adverse ruling to the Court.C. The official with whom bail is posted shall collect a fee to enter and satisfy judgment in an appropriate office in the county in which the realty is situated. Until changed, the fee for judgments in Adams County shall be $14.50. Defendant must produce proof of the fee for any county other than Adams.D. If a Magisterial District Judge accepts such bail, the Magisterial District Judge shall transmit the judgment and satisfaction fee and a certified copy of the bail bond to the Clerk's office. In all instances when realty is accepted, the Clerk shall transmit to the Court a certified copy of the bail bond, together with a proposed order directing that judgment be entered against both the defendant and surety in favor of the Commonwealth of Pennsylvania, to the use of the County of Adams.E. Upon receipt of an order signed by a judge, the Clerk shall transmit a certified copy of the order, the judgment and satisfaction fee, and a certified copy of the bail bond to the appropriate office for entry of judgment.F. In Adams County, the appropriate office for entry of judgment shall be the Prothonotary's office.G. The order shall be substantially in the following form: (CAPTION)
ORDER
And Now, this _______day of ______, ______, it is ordered that judgment in the amount of $ be entered in favor of the Commonwealth of Pennsylvania, to the use of the County of Adams, and jointly against ______ and ______. No execution shall proceed against the judgment defendants without leave of court. No interest shall accrue on the judgment unless and until an order forfeiting bail is entered against judgment defendants in the criminal case. When the bail obligation is satisfied, the Clerk of Courts shall promptly direct the appropriate officer to satisfy the judgment.
By the Court,
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J.
Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023; amended effective 8/12/2024.