You are on page 1of 8

DOCKET NO.

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


:
MARK H. DEAN, AS TRUSTEE OF : JUDICIAL DISTRICT OF HARTFORD
THE CT RE 2019 TRUST :
: AT HARTFORD
V. :
:
FOTIS DULOS ET AL. : JANUARY 10, 2020

COUNTER-CLAIM

COMES NOW a Defendant in the above-captioned action, FOTIS DULOS, by

and through Undersigned Counsel, and Hereby Respectfully pleads the following

COUNTER-CLAIM against the Plaintiff, MARK H. DEAN, AS TRUSTEE OF THE CT

RE 2019 TRUST, pursuant to Practice Book § 10-10:

Count One: Uniform Fraudulent Transfer Act

1. By Warranty Deed dated August 20, 2010 and recorded on August 23, 2010 at

Volume 988, Pages 532–533 of the Land Records of the Town of Farmington,

Counterclaim Plaintiff Fotis Dulos and his wife, Jennifer Dulos, took title to the subject-

property as joint tenants with right of survivorship;

2. On or about June 20, 2017, Jennifer Dulos commenced an action against

Counterclaim Plaintiff Fotis Dulos seeking dissolution of marriage, returnable on July

11, 2017 to the Connecticut Superior Court of and for the Judicial District of Stamford-

Norwalk at Stamford, entitled Jennifer R Dulos v. Fotis Dulos, and bearing docket

number FST-FA-17-5016797-S, which dissolution action remains presently pending;

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-1-
3. On June 6, 2019, Jennifer Dulos caused a Lis Pendens against Counterclaim

Plaintiff Fotis Dulos, related to the subject-property, to be recorded at Volume 1178,

Pages 128–129 of the Land Records of the Town of Farmington;

4. By Quit Claim Deed dated August 16, 2019 and recorded at Volume 1181,

Pages 1090–1091 of the Land Records of the Town of Farmington, Gloria Farber

(“Ms. Farber”), utilizing a Power of Attorney dated April 26, 2017, which Power of

Attorney along with the accompanying Affidavit of Ms. Farber is recorded at Volume

1182, Pages 688–672 of the Land Records of the Town of Farmington, transferred the

concurrent estate in the subject-property of Counterclaim Plaintiff Fotis Dulos’s wife,

Jennifer Dulos, to the Counterclaim Defendant;

5. Upon information and belief, the Counterclaim Defendant is a revocable trust

organized and existing under the laws of the State of Connecticut, the assets of which

are the beneficial property of Ms. Farber;

6. Such interest, at the time of transfer, was worth a considerable sum of money

and is a marital asset subject to distribution and allocation in the dissolution action

referenced above;

7. Such transfer was fraudulent in that it was made without adequate

consideration and intended to deprive Counterclaim Plaintiff Fotis Dulos of his

equitable interest in the Property;

8. Accordingly, Counterclaim Plaintiff Fotis Dulos has suffered damages.

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-2-
Count Two: Quiet Title

1. Counterclaim Plaintiff Fotis Dulos and his wife, Jennifer Dulos, by virtue of a

Warranty Deed dated August 20, 2010 and recorded on August 23, 2010 at Volume

988, Pages 532–533 of the Land Records of the Town of Farmington, are the owners,

as joint tenants with right of survivorship, of a certain piece and parcel of land situated

in the Town of Farmington, County of Hartford, State of Connecticut, and known as 4

Jefferson Crossing;

2. Counterclaim Plaintiff Fotis Dulos and his wife, Jennifer Dulos, are lawfully

seized of the concurrent estate in the above-referenced property, which is more

specifically legally described as follows:

FIRST PIECE:

A certain piece or parcel of land being shown and


designated as Lot N0. 2 on a certain map or plan entitled
“PLAN OF SUBDIVISION 'JEFFERSON CROSSING‘
LAND OWNED BY ESTATE OF JOSEPH H. POWERS
AND ANITRA M. & JAMES WARRINGTON ELY ROAD
FARMINGTON. CONNECTICUT SCALE 1" = 40' APRIL 8.
2002 HODGE SURVEYING ASSOCIATES. P.C.. REVISED
: JUNE 29, 2006", which map is on tile in the Fermington
Town Clerk's office. as Map No. 5813 and to which
reference may be had.

Together with the non-exclusive right to use a private


road designated as Jefferson Crossing on the above
referenced map.

SECOND PIECE:

A certain piece or parcel of land Ioeeted In the Town of


Farmlngton. County of Hartford and State of
Connecticut, being a portion of the northerly portion of 4
Parish Road, abutting Lot 2 Jefferson Crossing.
WILLCUTTS & HABIB LLC
Farmington Connecticut and described as follows:
100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-3-
Commencing at a point on the northerly property line of
4 Parish Road. Farmington. Connecticut and the
southerly property line of Lot No. 2 Jefferson Crossing.
Farmington. Connecticut. which point is N 28° 44' 53" E
a distance of 450.72 feet from the southwest corner ot4
Parish Road at Parish Road; thence N 89' 55' 03" E a
distance of 284.74 feet along the southerly property line
of said Lot No. 2 Jefferson Crossing, also known as 4
Jefferson Crossing. to a point in the said southerly
property line of said Lot No. 2 Jefferson Crossing;
thence s 55° 23' 63" W a distance of 83.27 feet to a point;
thence S 88' 21' 13" E a distance of 238.26 feet to a point
in the westerly property line of 4 Parish Road; thence N
28“ 44' 53" E a distance of 45.66 feet to the point or
place of beginning.

3. Upon information and belief, the Counterclaim Defendant is a revocable trust

organized and existing under the laws of the State of Connecticut, the assets of which

are the beneficial property of Gloria Farber (“Ms. Farber”);

4. By Quit Claim Deed dated August 16, 2019 and recorded at Volume 1181,

Pages 1090–1091 of the Land Records of the Town of Farmington, Gloria Farber

(“Ms. Farber”), utilizing a Power of Attorney dated April 26, 2017, which Power of

Attorney along with the accompanying Affidavit of Ms. Farber is recorded at Volume

1182, Pages 688–672 of the Land Records of the Town of Farmington, transferred the

concurrent estate in the subject-property of Counterclaim Plaintiff Fotis Dulos’s wife,

Jennifer Dulos, to the Counterclaim Defendant;

5. By virtue of the Quit Claim Deed dated August 16, 2019 and referenced above,

Counterclaim Defendant claims estate or interest in the subject-property or parts

thereof;

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-4-
6. Such interest, at the time of transfer, was worth a considerable sum of money,

and is a marital asset subject to distribution and allocation in a certain dissolution

action commenced on or about June 20, 2017 by Jennifer Dulos against Counterclaim

Plaintiff Fotis Dulos, returnable on July 11, 2017 to the Connecticut Superior Court of

and for the Judicial District of Stamford-Norwalk at Stamford, entitled Jennifer R Dulos

v. Fotis Dulos, and bearing docket number FST-FA-17-5016797-S, which dissolution

action remains presently pending;

7. Such transfer was fraudulent in that it was made without adequate

consideration and intended to deprive Counterclaim Plaintiff Fotis Dulos of his

equitable interest in the Property;

8. Counterclaim Defendant’s claimed estate or interest in the subject-property or

parts thereof is fraudulent, and represents a legally unsupportable and unjustified

cloud upon Counterclaim Plaintiff’s title to the property;

9. Counterclaim Defendant’s claimed estate or interest in the subject-property or

parts thereof is adverse to the title and interest of Counterclaim Plaintiff thereto and

therein;

10. Accordingly, Counterclaim Plaintiff is entitled to a judicial determination of the

rights and interests of the parties in or to the property and settling the title thereto.

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-5-
WHEREFORE, the Counterclaim Plaintiff, FOTIS DULOS, Respectfully Prays

and Claims:

as to Count One:

1. Money damages;

2. Such other relief as this Honorable Court deems to be fair, just,

equitable, appropriate, and reasonable under all of the

circumstances in the given case at bar; and,

as to Count Two:

1. A judgment of this Honorable Court determining the rights of the

parties in or to the property and settling the title thereto.

RESPECTFULLY SUBMITTED,
THE DEFENDANTS, FOTIS DULOS
AND FORE GROUP, LLC, AND
COUNTERCLAIM PLAINTIFF,
FOTIS DULOS, BY THEIR ATTORNEY,

______________________________
MICHAEL J. HABIB, ESQ.
WILLCUTTS & HABIB LLC
100 PEARL ST, 14TH FLR
HARTFORD, CT 06103
TEL: (860) 863-4574
FAX: (860) 863-4625
E-Mail: Mike@InzitariLawOffice.com
Juris No.: 434008

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-6-
DOCKET NO. HHD-CV-19-6116846-S : SUPERIOR COURT
:
MARK H. DEAN, AS TRUSTEE OF : JUDICIAL DISTRICT OF HARTFORD
THE CT RE 2019 TRUST :
: AT HARTFORD
V. :
:
FOTIS DULOS ET AL. : JANUARY 10, 2020

AD DAMNUM

The Counterclaim Plaintiff in the above-captioned action, FOTIS DULOS,

Respectfully Represents that the amount, legal interest, or property in demand is

greater than FIFTEEN THOUSAND ($15,000.00) DOLLARS, exclusive of interest and

costs.

RESPECTFULLY SUBMITTED,
THE DEFENDANTS, FOTIS DULOS
AND FORE GROUP, LLC, AND
COUNTERCLAIM PLAINTIFF,
FOTIS DULOS,
BY THEIR ATTORNEY,

______________________________
MICHAEL J. HABIB, ESQ.
WILLCUTTS & HABIB LLC
100 PEARL ST, 14TH FLR
HARTFORD, CT 06103
TEL: (860) 863-4574
FAX: (860) 863-4625
E-Mail: Mike@InzitariLawOffice.com
Juris No.: 434008

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-7-
CERTIFICATION

Pursuant to Practice Book §§10-12 – 10-17, inclusive, I hereby certify that a

copy of the foregoing COUNTER-CLAIM was delivered electronically via e-Mail, on

JANUARY 10, 2020, to all counsel and pro se parties of record, as more specifically

follows:

WEINSTEIN & WISSER PC


29 S MAIN STREET, STE 207
WEST HARTFORD, CT 06107
e-Mail: rpw@weinsteinwisser.com

MICHELSON KANE ROYSTER & BARGER


10 COLUMBUS BOULEVARD
HARTFORD, CT 06106
e-Mail: bmercier@mkrb.com

MARK HARRISON DEAN


241 MAIN STREET, 5TH FLOOR
HARTFORD, CT 06106
e-Mail: mdean@mhdpc.net

_______________________________
MICHAEL J. HABIB, ESQ.
Commissioner of the Superior Court

WILLCUTTS & HABIB LLC


100 PEARL ST., 14TH FLR.
HARTFORD, CT 06103-4500
TEL: (860) 249-7071
FAX: (860) 863-4625
FIRM JURIS NO. 440514
-8-