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market value of the recovered stolen bonds; i.e., 35 percent of
$1,146,466 or $401,256.10.
In the Amendment to the Account filed by Boote with the
Court on April 30, 1986,6 a total of $500,761.19 was credited to
Lynch.
Judge Shoyer surcharged Lynch the difference between
$500,761.19 (the amount retained by Lynch after his payment of
$220,000 to Reardon) and $401,256.10 for a surcharge of
$99,505.09. He also specifically surcharged Lynch $7,500 which
Lynch had advanced for "costs" on February 16, 1980, because
Lynch never properly accounted for the claimed "costs".
Panepinto, Lynch, and Reardon took exceptions to Judge
Shoyer's Adjudication of September 21, 1988, and the matter was
heard by the Orphans' Court sitting en banc.
On August 1, 1989, Judge Pawelec issued the Opinion and
Order of the Orphans' Court, sitting en banc. The Opinion and
Order provided, inter alia, as follows:
THE AMOUNT OF THE "SURCHARGES" ENTERED AGAINST LYNCH
AND REARDON, THE ALLOWANCE OF CREDITS TO LYNCH FOR
PAYMENTS TO OTHERS, AND THE INTEREST TO BE PAID ON
THE "SURCHARGES"
It is apparent from a review of the briefs and the
arguments of counsel for the exceptants that they are
unclear concerning the exact amount of the "surcharges"
imposed by the auditing judge upon Lynch and Reardon,
the credits, if any, to be allowed Lynch for his
payments to others, and the interest to be paid on the
surcharges by Lynch and Reardon. To allay counsels'
6 See supra note 4.
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