Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 41

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               For various reasons stated, infra, we do not credit                    
          Tupitza's testimony.  In this instance we think petitioner failed           
          to pursue any collection activities against Lynch and Reardon to            
          recover the amounts that the Orphans' Court ordered them to                 
          refund to the estate, after the estate entered into a settlement            
          agreement with Reardon sometime in late 1989 or early 1990, and             
          after Lynch's petition in bankruptcy was dismissed on August 22,            
          1990.                                                                       
               In eight status reports filed with this Court from November            
          28, 1986, through September 1, 1989, the estate informed this               
          Court that this case had been settled and that a final decision             
          would be submitted when the fee dispute involving Lynch and                 
          Reardon was concluded.  As previously noted, the fee dispute                
          involving Lynch and Reardon was disposed of on January 15, 1991,            
          when the Pennsylvania Supreme Court denied Lynch's petition for             
          the allowance of an appeal.                                                 
               In a status report filed with the Court on March 9, 1992,              
          respondent informed the Court:                                              
                    4.  Petitioner now wishes to abandon the claims                   
               which she is defending (sic) in state court litigation                 
               and be allowed a deduction for the entire amounts paid                 
               on the theory that it is unlikely the estate will ever                 
               collect the monies ordered to be repaid to the estate.                 
                         *    *    *    *    *    *    *                              
                    9.  This report has been discussed with James                     
               Tupitza, Esquire, counsel for petitioners (sic).                       







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