Berks Cnty. C.P. Criminal Rules Rule 537

(A) A professional bondsman, licensed under Chapter 57, Subchapter B, of the Judicial Code, 42

Pa.C.S. §§ 5741-49, before acting as a surety in any proceeding pending before this court, shall

post cash and/or own real estate in the amounts herein set forth and shall comply with the

following procedures:

(1) Cash

(a) A professional bondsman may post cash with the Clerk of

Courts as security for bail to be written, and the clerk shall

receive said cash and give the professional bondsman a receipt

therefore.

(b) The Clerk of Courts shall deposit all sums that a professional

bondsman has posted with said clerk into a federally insured

interest bearing account with any federally insured financial

institution. The clerk shall deposit said funds, subject to

withdrawal upon thirty (30) days written notice to the financial

institution, or subject to such longer period of notice, not

exceeding one (1) year, as the professional bondsman may

direct.

(c) The clerk shall pay the interest from time to time received on

such deposit to the professional bondsman, who deposited the

same, less any amount which the clerk is by law authorized to

retain.

(d) A professional bondsman may, at any time, upon ten (10) days

notice to the clerk, and upon presentation and surrender of the

clerk’s receipt for the sum deposited, withdraw the whole or

any part of the cash deposited, not required for bail then written

and outstanding on the security thereof, less any penalty for

early withdrawal charged by the financial institution in which

the clerk has deposited said sum, and less any amount which the

clerk is, by law, authorized to retain. If the professional

bondsman does not withdraw the entire sum, which he or she

deposited, the clerk shall issue to the professional bondsman a

new receipt for the remaining balance of the deposit.

(e) A professional bondsman, may, at any time, increase the cash

on deposit with the clerk. Whenever the professional bondsman

increases his or her cash on deposit, he or she shall surrender

the clerk’s receipt for the sum therefore deposited and the clerk

shall issue to the professional bondsman a new receipt for the

new total balance on deposit.

(f) If a professional bondsman loses or is otherwise unable to

produce the clerk’s receipt for cash deposited, he or she shall

petition the court and the court, upon being satisfied that the

receipt cannot be produced, may direct the clerk to issue to the

professional bondsman a duplicate receipt for the amount

deposited. The clerk shall clearly and legibly mark or stamp the

duplicate receipt “DUPLICATE” and shall note thereon the date

on which the original receipt was issued, the date on which the

duplicate was delivered, and the date of the court order

authorizing said duplicate.

(g) Whenever a professional bondsman desires to write bail on the

security of cash deposited with the clerk and thereby act as

surety in any case pending before the Magisterial District Judge,

he or she shall file with the Magisterial District Judge a copy of

the clerk’s current receipt for said cash, and in addition, an

affidavit sworn to before any official authorized to administer

oaths, setting forth the then total amount of cash then on deposit

with the clerk, the total amount of bail offered and accepted on

the security of said cash and still in force, the amount of bail

then desired to be written, and the total fee, premium and/or

charge which the bondsman has received and/or is entitled to

receive for the bail about to be written.

(h) Whenever a professional bondsman desires to write bail on the

security of cash deposited with the clerk and thereby act as

surety in any cash pending in the Court of Common Pleas, he or

she shall file with the clerk an affidavit sworn before any

official authorized to administer oaths, setting forth the then

total amount of cash then on deposit with the clerk, the total

amount of bail offered and accepted on the security of said cash,

and still in force, the amount of bail then desired to be written,

and the total fee, premium and/or charge which the bondsman

has received and/or is entitled to receive for the bail about to be

written.

(i) No bail shall be accepted from any professional bondsman at

any time when the total amount of bail then written on the

security of cash deposited with the clerk is, or when added to

the bail about to be written, will exceed ten times the cash then

on deposit.

(2) Real Estate

(a) A professional bondsman who desires to write bail against real estate

shall record the deed or deeds for such real estate in the county or

counties where the same is situated and shall file with the Clerk of

Courts a statement, under oath, approved by the court, listing the real

estate owned by him or her and situated in Pennsylvania. Such

statement shall also set forth:

i. The description of each tract of real estate, its location by county,

municipality and post office address, if any, the deed book volume

and page where a copy of the deed is recorded and the acreage or

square footage contained in each tract;

ii. An averment that the professional bondsman filing the statement is

the sole equitable and legal owner of said real estate and the exact

name in which said bondsman holds title;

iii. The fair market value of each tract of real estate as of the date of

said statement as determined by an experienced real estate broker

and appraiser. The professional bondsman shall attach a copy of said

appraisement to the statement;

iv. The cost of each tract of real estate when first acquired, the latest

assessed valuation for county tax purposes, the mortgages, liens and

encumbrances against the real estate, and the balance unpaid on each

encumbrance as of the date of the statement;

v. The net value of said real estate. (The total fair market value of all

tracts of real estate less the total of all encumbrances against the

same.)

(b) The professional bondsman shall file the statement required by

subsection (a) hereof before writing any bail on the basis of said real

estate, and thereafter on or before January 31st of each year. If the

ownership of any tract or tracts of real estate set forth on said

statement changes after the statement has been filed, or if the

mortgages, liens and encumbrances increase in principal amount after

the statement has been filed, the professional bondsman shall file a

revised statement setting forth each such change not later than ten

(10) days after such change first occur.

(c) Whenever a professional bondsman desires to write bail on the

security of said real estate and thereby act as surety in any case

pending before a Magisterial District Judge, he or she shall file with

the Magisterial District Judge a copy of his or her latest statement

filed with the Clerk of Courts pursuant to subsection (a) hereof, and

in addition an affidavit sworn to before any official authorized to

administer oaths, setting forth the then total amount of bail offered

and accepted against said real estate and still in force, the amount of

bail then desired to be written, and the total fee, premium and/or

charge which the bondsman has received and/or is entitled to receive

for the bail then about to be written.

(d) Whenever a professional bondsman desires to write bail on the

security of said real estate and thereby act as surety in any case

pending in the Court of Common Pleas, he or she shall file, in

addition to the statement required to be filed with the Clerk of Courts

pursuant to subsection (a) hereof, an affidavit sworn to before any

official authorized to administer oaths, setting forth the then total

amount of bail offered and accepted against said real estate, and still

in force, the amount of bail then desired to be written, and the total

fee, premium and/or charge which the bondsman has received and/or

is entitled to receive for the bail then about to be written.

(e) No bail shall be accepted from any professional bondsman whenever

the total amount of bail written on the security of the professional

bondsman's real estate is, or when added to the bail then about to be

written will, exceed five (5) times the net value of said real estate as

the net value has been determined pursuant to subparagraph (A)(2)(a)

hereof.

(B) Neither the Clerk of Courts nor any Magisterial District Judge shall accept bail from any

professional bondsman if the fee, premium and/or charge received, or to be received, by said

professional bondsman for writing said bail exceeds the amount from time to time authorized by

the Judicial Code.

Comment to (B):

The Judicial Code presently limits the fees which can be charged by a professional bondsman to

ten (10%) percent of the first one hundred ($100.00) dollars of bail written in any case and five

(5%) percent of any amount in excess of one hundred ($100.00) dollars. Section 5748(a).

(C) The Magisterial District Judge shall make the copy of the receipt and the affidavit filed by a

professional bondsman pursuant to subsection (A)(1)(g) hereof, or the statement and affidavit

filed with him by a professional bondsman pursuant to subsection (A)(2)(c) hereof, a part of the

proceedings in the case in which the same was filed and shall forward said receipt copy and

affidavit, or said statement and affidavit with the other papers in said case to this court at the

same time as the transcript of the proceedings in said case are returned to this court, and the same

shall become a part of the record of the case.

(D) Whenever any bail written by a professional bondsman has been forfeited, the professional

bondsman shall not write any additional bail until he or she had made settlement for the forfeiture

obligation and paid the same or the forfeiture has been remitted by the court.

(E) A professional bondsman shall not accept or receive, in addition to the fee permitted by law,

any cash, securities, assets and/or property of any kind, whether to secure compliance with the

terms of the bail or for any other reason relating to his or her writing bail.

(F) No bail shall be accepted from any professional bondsman at any time when such bondsman

is not in full compliance with the provisions of this rule.