- 36 -
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
Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 NextLast modified: May 25, 2011