Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 677 views

    Document Inquiry

    Uploaded by

    FOX 61 Webstaff
    This document is a reply filed in response to a request for a hearing on an emergency motion for the appointment of a receiver. It argues that the attorneys who filed the request, Habib and Pattis, do not have standing in the matter. It further argues that the allegations in their request are inappropriate and contain misstatements. The reply proposes allowing members of the Dulos family to stay at the property until February 7th with certain conditions, and details the status of utilities at the property to argue that the receiver's role is necessary.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Document Inquiry

    Uploaded by

    FOX 61 Webstaff
    677 views5 pages
    This document is a reply filed in response to a request for a hearing on an emergency motion for the appointment of a receiver. It argues that the attorneys who filed the request, Habib and Pattis, do not have standing in the matter. It further argues that the allegations in their request are inappropriate and contain misstatements. The reply proposes allowing members of the Dulos family to stay at the property until February 7th with certain conditions, and details the status of utilities at the property to argue that the receiver's role is necessary.

    Original Description:

    REPLY TO REQUEST FOR A HEARING ON EMERGENCY MOTION FOR APPOINTMENT OF A RECEIVER

    Original Title

    DocumentInquiry (1)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is a reply filed in response to a request for a hearing on an emergency motion for the appointment of a receiver. It argues that the attorneys who filed the request, Habib and Pattis, do not have standing in the matter. It further argues that the allegations in their request are inappropriate and contain misstatements. The reply proposes allowing members of the Dulos family to stay at the property until February 7th with certain conditions, and details the status of utilities at the property to argue that the receiver's role is necessary.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    677 views5 pages

    Document Inquiry

    Uploaded by

    FOX 61 Webstaff
    This document is a reply filed in response to a request for a hearing on an emergency motion for the appointment of a receiver. It argues that the attorneys who filed the request, Habib and Pattis, do not have standing in the matter. It further argues that the allegations in their request are inappropriate and contain misstatements. The reply proposes allowing members of the Dulos family to stay at the property until February 7th with certain conditions, and details the status of utilities at the property to argue that the receiver's role is necessary.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    DOCKET NO.

    : HHD-CV-19-6116846-S : SUPERIOR COURT

    MARK H. DEAN, AS TRUSTEE : J.D. OF HARTFORD


    OF THE CT RE 2019 TRUST

    V. : AT HARTFORD

    FOTIS DULOS, ET AL : FEBRUARY 3, 2020

    REPLY TO REQUEST FOR A HEARING ON


    EMERGENCY MOTION FOR APPOINTMENT OF A RECEIVER

    First, Attorney Habib has no standing to raise the issues set forth in his

    January 31, 2020 request for a hearing, nor any legal authority to have filed

    same.

    Moreover, Attorney Habib in his previous limited objection to the

    motion for appointment of a receiver had concurred with the appointment of

    a receiver, but disagreed with the choice of receiver. He never referenced the

    Dulos family being at the property. The histrionics set forth in this request

    suggest it was dictated by Attorney Pattis who also doesn’t have any standing

    in this matter. The unwarranted and outrageous allegations against the

    plaintiff and language used are inappropriate to have been filed in this case.

    The plaintiff never referenced exclusion of the Dulos family in his

    filings and was not even aware that the Dulos family was using the subject

    property. The defendants’ request is filled with misstatements of facts and


    motives. It provides sound bites for media attention which have no legal

    significance.

    The receiver is now aware that one or more of Dulos family members

    and Dulos’ friend Anna Curry are staying at 4 Jefferson Crossing. Neither the

    receiver nor the plaintiff have any objection to those individuals staying at the

    residence provided that it is for a limited period of time (they requested until

    Friday, February 7th), provided that they make certain that the home is locked

    when not occupied; that they do not remove contents from the house; that

    they make certain that they coordinate returning keys to the receiver upon

    vacating the house on Friday; and that they waive any claim of damages for

    personal injury while occupying the house.

    The plaintiff has already made application to the Probate Court to open

    an estate for Fotis Dulos, but as yet no temporary administrator has been

    appointed. Hence, there is no one who has legal authority to represent the

    interests of the Dulos estate. The plaintiff’s sole purpose in requesting the

    appointment of the receiver was to protect the house from waste or

    vandalism, which is to the benefit of the Dulos estate as well as the plaintiff.

    The plaintiff’s concerns as to the status of utilities has been supported by

    information received from a propane company supplying propane to the


    home. The residence is serviced by two 800 gallon propane tanks, one of

    which is only 5% full, or 40 gallons, while the other tank has 350 gallons. The

    receiver will make arrangements for propane delivery. At 60 degrees the

    house utilizes 20 gallons per day. Hence, if the temperature is increased by

    the present inhabitants to 68 degrees, substantially more propane will be

    utilized on a daily basis. The decedent has an outstanding balance with the

    propane company. The maintenance of propane delivery will obviously

    prevent water lines freezing and interior damage to the property.

    While Mr. Giuffria, the receiver, denies owing any money to the

    decedent, it is irrelevant to his ability to preserve the asset, as that is his

    charge and duty to the court.

    Based on Attorney Pattis’ statements to the press, he apparently has

    some intentions in regard to the estate that go beyond any normal

    administration. It would appear that this request is filled with the type of

    language to appeal to a different audience other than this Superior Court

    judge for this purpose. There is no need for further court order regarding the

    receiver, but if entertained by the court, it should be with the conditions

    requested by the plaintiff.


    PLAINTIFF,

    By___/s/______________________
    Richard P. Weinstein, Esquire
    WEINSTEIN & WISSER, P.C.
    29 South Main Street, Suite 207
    West Hartford, CT 06107
    Telephone No. (860) 561-2628
    Juris No. 45674
    rpw@weinsteinwisser.com
    CERTIFICATION

    This is to certify that on the 3rd day of February, 2020, a copy of the
    foregoing was served upon:

    Michael J. Habib, Esquire


    Willcutts & Habib, LLC
    100 Pearl Street, 14th Floor
    Hartford, CT 06103
    Mike@InzitariLawOffice.com
    (Atty. for Fotis Dulos and Fore Group Inc.)

    Beth N. Mercier, Esquire


    Michelson Kane Royster & Barger
    10 Columbus Boulevard
    Hartford, CT 06106
    bmercier@mkrb.com
    (Atty. for Glasco Heating & Air Conditioning, Inc.)

    Mark H. Dean, Esquire


    241 Main Street, 5th Floor
    Hartford, CT 06106
    mdean@mhdpc.net

    _______/s/____________________
    Richard P. Weinstein

    You might also like