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HINES v. PETTIT

Civ. A. No. 85-6707.

638 F.Supp. 1269 (1986)

James W. HINES, v. John J. PETTIT, Jr. and Ralph C. Passio, III.

United States District Court, E.D. Pennsylvania.

As Corrected July 22, 1986.

Attorney(s) appearing for the Case

Henry J. Sommer, Community Legal Services, Inc., Philadelphia, Pa., for plaintiff.

Andrew P. Bralow, Deputy City Sol., Counsel, Philadelphia, Pa., for Defending Sheriff.

Howland W. Abramson, Deputy Legal Counsel to the Court Admin. of Penna. Counsel, Philadelphia, Pa., for Def. John Pettit, Jr., Prothonotary.

MEMORANDUM AND ORDER

KATZ, District Judge.

This class action attacks the Prothonotary's practice of entering default judgments for amounts greater than those claimed in complaints, through a blind reliance on written instructions of creditors' lawyers. As a result, debtors' properties are encumbered by liens and sold by the Sheriff on judgments exceeding sums claimed to be due in complaints. Defendants Prothonotary and Sheriff claim that the Pennsylvania...

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