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COMMONWEALTH PENNSYLVANIA v. JOYCE JONES AND ANITA BARNES. APPEAL ALLEGHENY MUTUAL CASUALTY COMPANY (05/08/81)

filed: May 8, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
JOYCE JONES AND ANITA BARNES. APPEAL OF ALLEGHENY MUTUAL CASUALTY COMPANY



NOS. 1623 AND 2017 OCTOBER TERM, 1979, Appeal from Order of the Court of Common Pleas, Criminal Division, of Montgomery County, at No. 2422 of 1977.

COUNSEL

Kenneth N. Garber, Philadelphia, for appellant.

Ronald T. Williamson, Assistant District Attorney, Norristown, did not file a brief on behalf of Commonwealth, appellee.

William I. English, Jr., Norristown, for Jones, appellee.

Joseph Santaguida, Norristown, did not file a brief on behalf of Barnes, appellee.

Larry J. Folmar, Norristown Asst. County Sol., for participating party.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Van Der Voort

[ 286 Pa. Super. Page 508]

The facts in this case are relatively simple and uncontested; nonetheless, we must reverse and remand so that certain necessary particulars may be established.

[ 286 Pa. Super. Page 509]

Defendants Barnes and Jones were arrested for retail theft and conspiracy on June 15, 1977 and Allegheny Mutual Casualty Company, appellant herein, posted $5,000 appearance bail for each defendant. Both defendants failed to appear for court, and their bail was forfeited.

According to affidavits filed in each case by one Arthur London, "a bail bondsman and agent for Allegheny Mutual Casualty Company", he "personally located" each defendant; "brought each defendant to his office"; "personally transported her to the Montgomery County Courthouse; and there surrendered her to the District Attorney's Office." In each case, the affidavit recites that these actions were done at London's expense for Allegheny Mutual Casualty Company and "at no expense to the Commonwealth."

Appellant filed motions for a refund of its bail forfeiture. The Commonwealth answered the motions, admitting the substance of the motions, except that it denied it "had no expense in this matter", since bench warrants had been issued for the defendants. So far as the record shows, no ...


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