Rule 4007 - Professional BondsmenA professional bondsman 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 bondsman may post cash with the Clerk of Courts as security for bail to be written, and the Clerk shall give the bondsman a receipt therefore. The Clerk shall immediately deposit all sums into a federally insured interest bearing account. The Clerk shall pay accrued interest to the bondsman annually, less any amount the Clerk is authorized by law to retain.2. The professional bondsman may at any time, upon 30 days written notice, and upon presentation and surrender of his 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 if authorized by law to retain.3. The professional bondsman 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 Estate1. A professional bondsman may use his real estate located in Pennsylvania as collateral for his bonds. He shall annually certify to the Clerk of Courts, under oath, a list of all of the real estate owned by him in Washington County. Such certification shall include: A. A description of each tract of real estate, its location in the county, and the deed book volume and page where the deed in recorded.B. Attached to the certification shall be an appraisal of the fair market value of the real estate as certified by a licensed real estate broker in the county.C. A certification by an attorney who practices in the Commonwealth, or a title insurance policy certifying the encumbrances, mortgages, and liens against the real states, and the unpaid balance of each encumbrance as of the date of the statement.D. A statement by the bondsman setting forth the net value of each piece of real estate, which shall be the fair market value certified as above, less the encumbrances certified above.c. Surety 1. The professional bondsman 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 bondsman.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 bondsman files with the Clerk of Courts the above described certification, the Clerk of Courts shall provide to said bondsman a certificate authorizing him to do business in the County of Washington. Said certificate shall be under seal of the Clerk of Courts and shall include a certification of the amount of bond which the professional bondsman is authorized to write. Said certificate may be used by the professional bondsman for presentation to District Justices of this County indicating his authority to do business in this county. 2. When a professional bondsman desires to write bail before a District Justice, he shall provide to said District Justice a copy of the certification described in paragraph d-1 above, and shall further provide an affidavit setting forth the amount of bail offered and accepted for which his is responsible. Further, the statements shall contain the amount or premium the bondsman is charging for the bond about to be written. Neither the Clerk not any District Justice shall except bail from any professional bondsman if the fee to be charged exceeds the amount set forth in the Judicial Code, 42 Pa. C.S. § 5748.3. Any District Justice accepting bail from a professional bondsman must forward a copy of said bail to the Clerk of Courts together with the bondsman's sworn affidavit. If the matter is held for Court, the copy of bail and the bondsman's statement shall become 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 forthwith.4. No bail shall be accepted from any professional bondsman at any time when the total amount of bail 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 property posted.5. Whenever any bail written by a professional bondsman has been forfeited, the professional bondsman 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 bondsman at any time when such bondsman is not in full compliance with the provisions of this Rule.