Westmoreland Cnty. C.P. Criminal Rules RULE WC 531

Actual net value of realty that is issued as bail in Westmoreland County is to be

computed by subtracting from the fair market value the unpaid balance of each

encumbrance as of the date of the posting of the real estate.

To determine the current fair market value of realty, according to the State Tax

Equalization Board, multiply the current assessment by the current common level ratio

factor.

A professional bondsperson, shall be licensed by the Commonwealth of

Pennsylvania as required under Chapter 57, Subchapter B of the Judicial Code, 42 Pa.C.S.

Sections 5741-5749, and before acting as a surety in any proceeding pending before any of

the courts of this judicial district shall provide security of (a) cash, (b) real estate, or (c) a

corporate surety, as follows:

(a) Cash

(1) A professional bondsperson may post cash with the clerk of courts as

security for bail to be written, and the clerk shall give the bondsman a

receipt. The clerk shall immediately deposit all sums into a federally insured

interest bearing account. The clerk shall pay accrued interest to the

bondsperson annually, less any amount the clerk is authorized by law to

retain.

(2) The professional bondsperson may at any time, upon thirty days written

notice, and upon presentation and surrender of the receipt, withdraw the

whole or any part of the cash deposited that is not required for bail then

written and outstanding, less any penalty for early withdrawal charged by

the financial institution in which the clerk has deposited said sum less any

amount the clerk is authorized by law to retain.

(3) The professional bondsperson may at any time, increase the cash on deposit

with the clerk. The clerk shall keep a proper accounting of all deposits and

withdrawals.

(b) Real Estate

A professional bondsperson may use his/her real estate located in Pennsylvania as

collateral for his/her bonds. He/she shall annually certify to the clerk of courts,

under oath, a list of all of the real estate owned by him/her in Westmoreland

County. Such certification shall include:

(1) A description of each tract of real estate, and its location in the county and

the deed book volume and page where the deed is recorded.

(2) Attached to the certification shall be a sworn statement as to the fair market

value of the real estate which shall be determined by multiplying the current

assessment by the current common level ratio. Additionally, attach a

certification from the county board of assessment appeals indicating the

current assessment valuation.

(3) A certification by an attorney who practices in the Commonwealth, or a title

insurance policy certifying the encumbrances, mortgages and liens against

the real estate, and the unpaid balance of each encumbrance as of the date of

the statement.

(c) Surety

(1) The professional bondsperson who uses a surety must file annually a surety

bond by a bonding company licensed to do business in the Commonwealth

of Pennsylvania setting forth the amount for which said surety will

undertake on behalf of said bondsperson.

(2) Within 10 days after any change in ownership, encumbrance, or surety, the

professional bondsman shall notify the clerk of courts by filing a revised

certification as set forth above.

(d) Procedure

(1) When the professional bondsperson files with the clerk of courts the above

described certification, the clerk of courts shall provide to said bondsperson

a certificate authorizing him to do business in the Westmoreland County.

Said certificate shall be under seal of the clerk of courts and shall include a

certification of the amount of bond which the professional bondsperson is

authorized to write. Said certificate may be used by the professional

bondperson for presentation to district justices of this county indicating

his/her authority to do business in this county.

(2) When a professional bondsperson desires to write bail before a district

justice, he/she shall provide to the district justice a copy of the certification

described in paragraph (3)(a) above, and shall further provide an affidavit

setting forth the amount of bail offered and accepted for which he/she is

responsible. Further, the statements shall contain the amount or premium

the bondsperson is charging for the bond about to be written. Neither the

clerk nor any district justice shall accept bail from any professional

bondsperson if the fee to be charged exceeds the amount set forth in the

Judicial Code, Title 42 Pa.C.S. Section 5748.

(3) Any district justice accepting bail from a professional bondsperson must

forward a copy of the bail to the clerk of courts together with the

bondsperson’s sworn affidavit. If the matter is held for court, the copy of bail

and the bondsperson’s statement shall become a part of the record. If the

matter is disposed of at the district justice level, a certificate of disposal shall

be sent by the district justice to the clerk of courts.

(4) No security shall be accepted from any professional bondsperson at any

time when the total amount of the bond then written on the security

designated, or when added to the bond about to be written will exceed the

cash or market value of the security to be posted.

(5) Whenever any bail written by a professional bondsperson has been

forfeited, the professional bondsperson shall not write any additional bail

until he or she has paid the amount of the forfeiture in full. Generally, no bail

shall be accepted from any professional bondsperson at any time when such

bondsperson is not in full compliance with the provisions of this Rule.

(6) When a real estate bond is posted in the office of the clerk of courts secured

by real estate situated in Westmoreland County, the clerk will prepare an

exemplification of the record as evidence of the same and forthwith file the

exemplification of the record with the prothonotary, who will enter the same

in the judgment docket. The clerk shall collect from the party posting the

bond the necessary fees for the exemplification of the record and the

prothonotary’s filing and satisfaction fees. When the prosecution has ended

or upon order of court releasing the subject property, the clerk will release

the judgment as satisfied on the prothonotary’s docket.

(7) In the event that bail is set at $3,000 or lower, the issuing authority may, at

any time prior to the preliminary hearing, accept a real estate bond by the

presentation of the deed and the previous year’s tax receipts in lieu of the

requirements of subsection (6). The provisions of subsection (6) must,

however, be met by the time of the preliminary hearing in order for the real

property to continue to operate as security.

Adopted December 16, 1993, effective April 1, 1994; Section (d)(7) adopted December 16, 1995, effective

January 15, 1996. Revised and renumbered from WC4006 May 10, 2001, effective July 2, 2001.

Note: Rule WC536 was rescinded effective July 17, 2006.