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Notary Notes

Disciplinary Actions - September/October 2018

by PAN
Five notaries from four counties were penalized by the Department of State for violations against the notary public law.

Allegheny County

A Kennedy Townsyip notary had his commission suspended for six months,b ut stayed in favor of probation,b ecause he post-dated documents, failed to have a party ot the document date the form and charged fees in excess of the fees set by the Acting Secretary of the Commonwealth. He also failed to maintain an accurate notary journal by failing to record the date and time of the notary act, the full name and city and state of the customer and failed to include a statement on the identity of the person based on personal knowledge and a method of identification based on satisfactory evidence. He was ordered to successfully complete six hours of notary education and pay a civil penalty of $250 and the costs of monitoring of $300.

Bucks County

A Holland notary permanently and voluntarily surrendered his notary commission because he submitted two applications that contained material misstatements, including a fraudulent Social Security number and checked "no" to the question of entering a guilty plea to a felony or lesser offenses on three of his notary public applications. He failed to be of good moral character to be a notary public by pleading guilty to a felony and lesser offenses incompatible with the duties of a notary during the five-year period prior to submitting his June 18, 2008 application for appointment as a notary.

A notary from Quakertown agreed to the suspension of his notary commission for three months, which was stayed in favor of probation, for failing to maintain an accurate chronological notary register by failing to record the character of the act for some notarizations. He also failed to list each notarization separately by combining the notary fees of multiple notarizations and failed to include the essential notarization language on two documents. He was ordered to successfully complete a six-hour notary education course and pay a civil penalty of $500 and probation assessment fees of $150.

Lancaster County

A notary from Strasburg permanently and voluntarily surrendered his notary commission because he failed to take the oath of office, obtain a surety bond and record the bond, commission and oath of office in the office of the Recorder of Deeds. He acted as a notary in transactions in which he was a party directly or financially interested by notarizing vehicle titles that his dealership purchased and sells. In addition, he failed to maintain a notary register and made a material misstatement or omission of fact on his 2010 and 2014 applications by answering "no" to the legal question.

Philadelphia County

A notary from Philadelphia agreed to the suspension of her commission for five months, which was stayed in favor of probation because she made a material misstatement or omission of fact on her application for reappointment. She also failed to complete the terms of an October 18, 2012 consent agreement and order. In addition to the probation, she was ordered to successfully complete a six-hour notary educationcourse and pay a civil penalty of $500.

 

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