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Simmons v. Simmons

Pennsylvania Superior Court

356 Pa. Super. 32 (1986)

Facts

Linda Simmons (plaintiff) obtained a judgment from her husband Edward Simmons (defendant) for $3,024.60 in past-due child support. Linda then enforced the judgment by obtaining a writ of execution. The writ directed the sheriff to seize certain personal property owned by Edward. In accordance with the writ, the sheriff seized a Bronco vehicle and pop-up camper. The sheriff then sold the property at an auction, and Linda purchased it for the amount of the Sheriff’s costs. After that, a credit company took the property to satisfy the loans the credit company made to Edward. Because the credit company took the property, Linda refused to mark the judgment against Edward as satisfied, despite Edward’s request. Edward asked the trial court to deem the judgment satisfied, and the trial court denied the request. Edward appealed.

Rule of Law

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Issue

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Holding and Reasoning (Beck, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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