Occhipinti

STATEMENT OF FACTS

In 2019, Occhipinti, successor trustee of the Lela Fay Bishop Revocable Living Trust and the Lela Fay Bishop Charitable Remainder

1 Because Johnny and Cynthia share the same surname, we refer

to them by their first names for clarity and ease of reference; we intend no disrespect.

2 Unitrust (collectively, the Trusts), initiated an action for surcharge against Johnny, former trustee of the Trusts, in the Circuit Court of the State of Oregon for Clackamas County, Case No. 19PB01698 (the Oregon Action). Occhipinti alleged Johnny embezzled more than $600,000 from the Trusts during his tenure as trustee. In August 2020, the action was privately mediated before a retired judge. Occhipinti, Johnny, the Oregon Department of Justice, the Bonnie L. Hayes Small Animal Shelter, and the Multnomah County Animal Services participated in the mediation. The mediation resulted in the written Agreement, in which Johnny and Cynthia agreed to repay $500,000 to the Trusts. Under the terms of the Agreement, the $500,000 was to be paid in two parts: (1) a cash payment of $175,000 and (2) a “Stipulated Judgment from Respondent [Johnny] and Cynthia Allen for $325,000, together with…