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BANK OF AMERICA v. COPLEY QU-WAYNE ASSOC.

440 Pa.Super. 459 (1995)

656 A.2d 121

BANK OF AMERICA, NTSA as Trustee under that Certain Pooling and Servicing Agreement dates as of November 1, 1992 for RTC Commercial Mortgage Pass-Through Certificates Series 1992-C8 v. COPLEY QU-WAYNE ASSOCIATES, a Pennsylvania Limited Partnership; Daniel Banks and Jacquelyn Banks, as Tenants by the Entireties, Robert Elwood and Beryl Elwood, as Tenants by the Entireties, Dale Criswell, Raymond Alexander, Leonard Goldman, Esther Goldman and Edward Hollin, all Trading as Brighton Court Associates, a Pennsylvania General Partnership; and Daniel Banks and Jacquelyn Banks, Jointly and Severally. Appeal of: Raymond ALEXANDER, Individually and as General Partner t/a Brighton Court Associates.

Superior Court of Pennsylvania.

Filed February 17, 1995.

Reargument Denied April 25, 1995.

Attorney(s) appearing for the Case

Noreen M. Walsh, Philadelphia, for appellant.

Karen L. Turner, Philadelphia, for Bank of America, appellee.

Before CIRILLO, TAMILIA and HOFFMAN, JJ.

TAMILIA, Judge:

Raymond Alexander appeals from the March 28, 1994 Order denying his petition to open and/or strike the $1,680,175.52 judgment entered against him as a 1% partner of defendant Brighton Court Associates (Brighton). Appellant argues this judgment was based upon an unauthorized exercise of authority by Brighton's managing partner, Daniel Banks (Banks).

Appellant (1%), along with Daniel and Jacquelyn Banks (67%), Robert and Beryl Elwood (11%), Dale...

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