Northum. Cnty. Pa 4006

As amended through April 1, 2021
Rule 4006 - BAIL
A. The person from whom bail has been set, or a private third-party surety, shall, with the approval of the Court or issuing authority, execute a bail bond and deposit with the Clerk of Court or Issuing authority, a sum of money equal to tan percent (10%) of the amount of bail set, but in no event shall such deposit be less than Fifty ($50.00) Dollars. Corporate sureties are expressly prohibited from posting the deposit for ball set under this section.
B. In all court cases, a non-refundable administrative fee of Twenty-Five ($25.00) Dollars shall be paid to the issuing authority or Clerk of Court at the time the bail bond is executed or prior to the case being returned to the Common Pleas Court by the issuing authority. In all court cases, where the defendant has been released on bail, the Twenty-Five ($25.00) Dollar administrative fee shall be transmitted to the Clerk of court with the transcript of proceedings before the District Justice. The administrative fee shall be considered as earned at the time the ball undertaking is executed.
C. The issuing authority or Clerk of Court shall cause a Confession of Judgment Waiver to be executed in all court cases where bail is being provided either by defendant or other parties on such form as provided by the Court.
D. The Prothonotary's office shall keep an index for the recording of all judgments entered in bail situations. Said register will contain the civil docket number, name and address of the defendant, name and address of the third-party surety, criminal docket number, offense tracking number, amount of judgment, date of judgment, and date of judgment released. Use of the current judgment index will satisfy this rule.
E. In all cases where there has been a nonappearance before a District Justice and a bail bond has been executed, the bail bond and the Twenty-Five ($25.00) Dollar administrative fee shall be immediately transmitted to the Clerk of Court along with a written statement of the details concerning the defendant's nonappearance and an order declaring the forfeiture of bail.
F. When the conditions of a bail bond have been performed and the defendant has been discharged from all obligations in the case, upon an appropriate order of court, the Clerk of Court shall return to the accused or third party, unless the Court orders otherwise, the entire amount of cash bail deposited, less any unpaid administrative costs. In the event the judgment has been entered on any bail bond, upon receiving an order that the defendant has been discharged from all obligations, the Clerk of Court shall mark the judgment satisfied on the record.
G. If the defendant does not comply with the conditions of the bail bond, the Court shall enter an order pursuant to Pa. R. Crim. P. 4016 and notice of such order of forfeiture shall be mailed forthwith by certified mail to the defendant at his last known address.
H. Upon default of bail conditions, judgment shall be entered under the direction of the Prothonotary and Clerk of Court in all bail situations.
I. If the Court orders the defendant to pay a fine and costs of prosecution, the balance of any cash bail deposited by the defendant may be applied to the payment of said fine and costa upon written authorization of the defendant. Where a third-party surety has posted a deposit, the deposit may be applied to the payment of fine and costs upon the written authorization of third-party surety.
J. Upon authorization in writing of any party who posted a cash deposit, the Court may order whatever amount is repayable from such deposit to be paid to the defendant's attorney of record.
K. Any cash deposit not claimed within one (1) year from the notice of full and final disposition of the case shall be deemed as fees and shall be forfeited to the Court. Notice of such proposed forfeitures shall be sent to the accused, the surety, if any, and the attorney of record.
L. When a defendant has failed to comply with the rules and regulations of the bail bond, or any additional conditions of his release, he may be brought before the Court to determine if additional bail shall be set in his case.
M. If the accused asserts an inability to pay the administrative fee set forth in this rule, the matter shall be handled by the issuing authority through the filing of an affidavit by the defendant declaring his indigency or petition to proceed in forma pauperis.

Northum. Cnty. Pa 4006