No. 677 October Term, 1975 Appeal from the Order of the Court of Common Pleas, Civil Action, Law, of Northampton County, at No. 557 May Term, 1973.
Donald L. Toner, Doylestown, for appellant.
Allan B. Goodman, Bethlehem, for appellees.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman, J., files a concurring opinion. Spaeth, J., files a dissenting opinion.
[ 245 Pa. Super. Page 441]
This case comes to us as a result of an appeal taken by Apex Financial Corporation from an order of the Court of Common Pleas of Northampton County, Civil Division, which refused to change a sheriff's schedule of distribution of the proceeds of a sheriff's sale.
Apex had instituted an action in mortgage foreclosure against William J. Decker and Judith A. Decker, his wife, in August of 1973, had obtained judgment, and then proceeded to execution upon a premises located at 3816 Patterson Drive, Bethlehem, Pennsylvania. The sheriff's sale was held on February 21, 1974. At the sale Apex's attorney was the successful bidder purchasing the premises for the sum of $6,678.48. The sheriff's schedule of distribution of the proceeds of sale was as follows:
1. Sheriff's costs, taxes, etc. $2,257.36
2. Bethlehem Consumer Discount (BAC)
Company, Inc., in satisfaction of its
3. Balance of proceeds to Apex 421.94
Apex filed exceptions to the proposed distribution to Bethlehem Consumer Discount Company ("BAC"), contending that its mortgage lien had priority over BAC's judgment ...