Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 36

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          under various sections of the Pennsylvania Criminal Code, namely,           
          18 Pa. Cons. Stat. Ann. (1983), sec. 3927 (Theft by failure to              
          make required disposition of funds received); sec. 4113                     
          (Misapplication of entrusted property and property of government            
          and financial institutions); sec. 3921 (Theft by unlawful taking            
          or disposition); sec. 3922 (Theft by deception); or sec. 3925               
          (Receiving stolen property).                                                
               In our judgment the overwhelming evidence contained in this            
          record shows that this was nothing more than a fee dispute.  It             
          simply does not support petitioner's belated and tenuous                    
          assertions of a theft.  Lynch did not steal any money from the              
          estate.  He was paid for his work in recovering the previously              
          stolen bonds.  This was done pursuant to four separate agreements           
          with the estate regarding payment of his fees.  The first is a              
          contract for the work to be performed that Lynch negotiated with            
          Mary Orlando, then administratrix of the estate.  The second is             
          the Hold Harmless agreement signed by Lynch.  Certainly he would            
          not have signed it if he was trying to hide the full payment of             
          his fee under the contract.  The third is the Trading                       
          Authorization given to Lynch by Mary Orlando so that he could               
          dispose of assets necessary to pay his fee.  The fourth is an               
          agreement signed by Mary Orlando to carry out the terms of the              
          contract to pay Lynch and Reardon in specified amounts for the              
          work they had done.  These documents clearly show the intent of             
          Lynch and Reardon.  To be sure, if the Orphans' Court had                   




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