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SCHALL v. JOYCE

No. 88-3512.

885 F.2d 101 (1989)

Theresa SCHALL, on behalf of herself and all others similarly situated, Appellant, v. John P. JOYCE, Prothonotary of Allegheny County, Pennsylvania, in his Official Capacity, Eugene Coon, Sheriff of Allegheny County, Pennsylvania, in his Official Capacity, and National Builders and Acceptance Corporation v. Chief Justice Robert N.C. NIX, and Justices of the Supreme Court of Pennsylvania, Rolf Larsen, John P. Flaherty, James T. McDermott, Stephen A. Zappala, Nicholas P. Papadakos, Juanita Kidd Stout, and Nancy Sobolevitch, Administrator of the Supreme Court of Pennsylvania, and Charles Starrett, Administrator of the Common Pleas Court of Allegheny Co., Pa., Third Party Defendants.

United States Court of Appeals, Third Circuit.

Decided September 15, 1989.

Rehearing and Rehearing Denied October 16, 1989.

As Amended November 24, 1989.

Attorney(s) appearing for the Case

Catherine T. Martin, M. Thomas Murray, Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for appellant.

Martin M. Scoratow, Scoratow & Dudik, Pittsburgh, Pa., for Nat. Builders & Acceptance Corp.

James R. Fitzgerald, Pittsburgh, Pa., for John P. Joyce Prothonotary of Allegheny County, Pa.

Norman Paul Wolken, Pittsburgh, Pa., for Eugene L. Coon.

Howard M. Holmes, Charles W. Johns, Administrative Office of Pennsylvania Courts, Philadelphia, Pa., for Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Stout Sobolevitch and Starrett.

Before SLOVITER, BECKER, Circuit Judges, and BARRY, District Judge.

Submitted Pursuant to Rule 12(6) December 6, 1988.

Rehearing and Rehearing In Banc Denied October 16, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

The plaintiff in this case, Theresa Schall, brought suit in federal district court to challenge the constitutionality of Pennsylvania's confession of judgment procedures and to have a judgment entered against her in state court by confession marked satisfied. The district court stayed consideration...

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