Rule 531 - Qualifications Of SuretyActual 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. Sec 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 EstateA 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. Sec 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 4/1/1994; Section (d)(7) adopted December 16, 1995, effective 1/15/1996. Revised and renumbered from WC4006 May 10, 2001, effective 7/2/2001. Rule WC536 was rescinded effective 7/17/2006.