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