Alpha Financial Associates v. Dainty Maid Footwear, Inc.

MacPHAIL, P. J.,

Alpha Financial Associates (“Alpha”), execution creditor, has petitioned the court to require the Gettysburg National Bank (Bank) to satisfy of record a first mortgage lien on real estate of Dainty Maid Footwear, Inc., sold pursuant to a writ of execution obtained by Alpha. Proceeds of the sale in the hands of the sheriff are subject to an audit ordered by the court when exceptions were filed to the sheriff’s proposed schedule of distribution. See Pennsylvania Rule of Civil Procedure 3136(f). The auditor’s report has not been filed, but it appears from the record before us…