Motion-Secondary: ANTHONY CHIAPELONE VS. STEVEN CHIAPELONE ET AL

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                                MICHAEL S. PECHERER, (SBN 47053)
     24 Rio Vista
     Orinda, CA 94563                                                                      ELECTRONICALLY
     OAice: 925-386-0943, Cell: 925-518-7076
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     Email: michaelSnecherer.corn
                                                                                                 FILED
                                                                                           Superior Court of California,
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     Referee in Partition                                                                        02/27/2020
 5                                                                                          Clerk of the Court
                                                                                              BY: VANESSA WU
                         IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA                               Deputy Clerk


 7                              IN AND FOR THE COUNTY OF SAN FRANCISCO

                                           UNLIMITED JURISDICTION
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     ANTHONY CHIAPELONE,                                    Case No.: CGC-17-562017
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                         Plaintiff,

     vs.                                                    DECLARATION OF MICHAEL S.
12                                                          PECHERER IN SUPPORT OF EX PARTE
     STEVEN CHIAPELONE, and DOES I                          APPLICATION TO MODIFY
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     THROUGH 50,                                            DISTRIBUTION ORDER OF FEBRUARY 7,
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                                                            2020
     INCLUSIVE,
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                         Defendants
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                                                                 DATE: February 27, 2020
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                                                                 TIME: 9:00 am
                                                                 DEPT. 501
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     MICHAEL S. PECHERER, hereby declares and states:
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           l.   I   am an attorney duly admitted to practice before this Honorable Court.    I   make this
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                Declaration of my own personal knowledge and if called as a witness, I could
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                competently testify as to the contents hereof.
22         2. On February 7, 2020, this Court entered and Order Approving Interim Report            of Referee
23              and Distribution Order. That Order provided for a payout to Anthony Chiapelone of the
                sum of $ 1,260,991.24 from the proceeds of the sale of 1650 32" Avenue, San Francisco.

25         3. Since the entry    of that Order, Anthony Chiapelone has determined to engage in an
                Internal Revenue Code Section 1031 exchange in order to defer income taxes on the sale.
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           4. Anthony Chiapelone has designated IPX1031 as the qualified intermediary. IPX1031 is
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                located at 455 Market St, Ste 1520, San Francisco, CA 94105. Their telephone number is
     DECLARATION OF MICHAEL S. PECHERER IN SUPPORT OF EX PARTE APPLICATION TO MODIFY
     DISTRIBUTION ORDER OF FEBRUARY 7, 2020 - I
 I          415-291-5181.
 2      5. In order to preserve the integrity   of this exchange, it is necessary to modify the
 3          Distribution Order of February 7 to provide that: "The proceeds of the sale of 1650 32"
            Avenue that would otherwise be distributed to Anthony Chiapelone shall be distributed ta
            IPX1031 as qualified intermediary for Anthony Chiapelone."
        6. The escrow for this property is fully funded and scheduled to close on February 28, 2020.
            Accordingly, it is essential that the required Order be signed immediately.
        7. As     a result of these changes certain other expenses have been incurred. The
            corresponding bills have been submitted or will be submitted to the escrow holder.
            Accordingly, the Distribution Order will require an additional modification as follows:
10          "Any bills or invoices submitted to the escrow in amounts no to exceed $ 1,000 each and
            approved by the Referee shall be paid from the escrow and deducted from the
12          distributions to Anthony Chiapelone and Steven Chiapelone in proportion to the

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            distributions specified on page 4 of the Distribution Order.
            I   declare under penalty of perjury under the laws of the State of California that the
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            foregoing is true and correct.
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            Executed at Orinda, California on February 26, 2020
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     Dated: February 26, 2020
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21                                                          Michael S. Pecherer

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 8   DECLARATION OF MICHAEL S PECHERER IN SUPPORT OF EX PARTE APPLICATION TO MODIFY
     DISTRIBUTION ORDER OF FEBRUARY 7, 2020 - 2