RETURN DATE: JULY 12, 2016
`DOCKET NO. HHB-CV -16-6033464-S
`
`IN RE: ESTATE OF EARL CAREY, SR.
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF
`NEW BRITAIN
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`CAREY, EARL F., SR.
`
`AT NEW BRITAIN
`
`V.
`
`ANNE C. MARSHALL, ESQ., CONSERVATOR
`IN THE CAPACITY AS CONSERVATOR OF
`THE ESTATE OF EARL F. CAREY, SR.
`APPEAL FROM PROBATE
`FOR THE DISTRICT OF BERLIN (PD-08)
`
`JUNE 28, 2016
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`AMENDED COMPLAINT ON APPEAL
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`Pursuant to the Order of this honorable Court (Abrams, J., 06/22/2016, attached) Plaintiff
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`Earl F. Carey, Sr., hereby tiles an Amended Complaint and hereby alleges as follows:
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`1. The Plaintiff, Earl F. Carey, Sr., a conserved person, alleges to be aggrieved from the
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`. attached Orders of the Probate Court, District Of Berlin, which ordered the sale of his real
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`property as it was found to be in the best interests of the person under conservatorship. (Decree
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`For Sale Or Mortgage Of Real Property dated April 28, 2016, copy attached; Corrected Decree
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`For Sale Or Mortgage Of Real Property dated April 28, 2016 and mailed on May 6, 2016, copy
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`attached). The Petition to sell the subject real property was filed by Anne C. Marshall, Esq.,
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`Conservator in the capacity as Conservator of the Estate Of Earl F. Carey, Sr.
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`2. The Plaintiff alleges that it was improper that the Court Ordered that his residence to
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`be sold as he is a resident in a long term care facility who wants to return to the real property that
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`is the subject of the aforementioned order.
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`3. The Plaintiff alleges that the order to sell the real property was clearly erroneous in
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`light of all of the facts presented as it is not in his best interests.
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`4. A hearing was held on the record.
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`5. The Plaintiff claims that he is aggrieved by the by the aforementioned Decree(s) dated
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`April 28, 2016 he was denied the right to return to his real property as his medical status is not so
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`severe as not to allow him to do so and thereby the Court's finding that the sale was in his best
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`interests and necessary is clearly erroneous per General Statutes 45a-186b and appeal is brought
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`pursuant to C.G.S. Section 45a-186.
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`WHEREFORE, pursuant to e.G.S. Section 45a-186, the Plaintiff appeals from the Probate Court
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`Decree For Sale Or Mortgage Of Real Property date April 28, 2016 and as corrected in the
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`. Corrected Decree For Sale Or Mortgage Of Real Property dated April 28, 2016 and prays that
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`this Court grant such relief is proper, including:
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`1. Sustain the· appeal;
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`2. Reverse the Probate Court's Decree dated April 28, 2016 and the Corrected
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`Decree dated April 28, 2016 ordering the sale of the real property;
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`3. Such other relief as to law or equity may appertain.
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`2
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`

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`Dated At Berlin, Connecticut this 28th day of June, 2016
`
`THE PLAINTIFF
`Earl F. Carey, Sr.
`
`BY~r. 11Ivi],, [ 4
`
`RQbert P. Murphy, Esq., Juris No. 414622
`Berlin Law Offices, LLC
`1020 F armington Avenue
`P.O. Box 12
`Kensington, CT 06037
`Phone: 860-828-6688
`Juris No. 423994
`
`Certi~cate of Financial Responsibility
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`Pursuant to Practice Book Section 8-4, I hereby certifY that I have personal knowledge of the
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`financial responsibility ofthe plaintiff and deem it sufficient to pay for the costs of this action.
`
`Robert P. Murphy, Esq.
`
`3
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`

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`Attachment A
`Court Order
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`4
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`

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`CLERK, SUPERIOR COURT
`JUDICIAL DISTRICT OF NEW BRITAIN
`20 FRANKLIN SQUARE
`NEW BRITAIN, CT 06051
`
`ROBERT PHILIP MURPHY
`BERLIN LAW OFFICES,
`1020 FARMINGTON AVE
`PO BOX 12
`KENSINGTON, CT 06037
`
`Notice Issued: 06/23/2016
`Docket Number: HHB-CV-16-6033464-S
`Case Caption: CAREY, SR, EARL F. v. APPEAL FROM PROBATE
`
`JDNO NOTICE
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`Sequence #: 1
`
`PLEASE BE ADVISED THAT THE FOLLOWING ACTION HAS TAKEN PLACE WITH REGARD TO
`THE ABOVE MENTIONED CASE.
`
`The plaintiff is ordered to file an amended complaint rectifying the
`identity of the defendant on or be
`7/1/16 or the matter will be
`dismissed.
`
`(Abrams, J.) 6/22/2016
`R. Schmitt, AC
`
`

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`Attachment B
`
`DECREE FOR SALE OR MORTGAGE
`OF REAL PROPERTY DATED APRIL 28, 2016
`
`5
`
`
`

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`mCREE FOR SALE OR
`t10RTGAGE OF REAL
`'ROPERTY
`'C-460 REV. 7115
`
`STATE OF CONNECfICUT
`
`RECORDED
`
`COURT OF PROBATE
`
`:OURT OF PROBATE, Berlin Probate Court
`
`DISTRICT NO. PD08
`
`~STATEOF
`
`Earl F. Carey, Sr. (15-00922)
`
`At a court ofprQbate held at the place and time ofhearing set by the Court, together with any continuances thereo~ as of record appears,
`on the fiduciary's application for authority to seU real property. all as in said application more fully appears.
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`PRESIDING JUDGE: Han. Walter A. Clebowicz
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`After due hearing, THE COURT FINDS that:
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`The allegations of said application are proved, and there is reasonable cause for granting the same, and to grant said application
`will be in the best interest ofthe parties in interest.
`
`Notice was given in accordance with the order ofnotice previously entered.
`
`
`The sale ofthe real property is in the best interests ofthe person under. conservatorship.
`
`
`The conservator was appointed in an involuntary proceeding and in accordance with C.G.S section 45a-656b (a) and the Probate
`
`.' .
`Court Rules of Procedure, section 33.12,
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`The conserved person consents to the sale ofthe real property.
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`The sale ofllie real property is necessary.
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`The allegations ofthe petition are proved, and there is reasonable cause for granting the same.
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`AND it is ORDERED AND DECREED that:
`The real property described in the petition be sold, and the fiduciary is empowered to sell and convey the same at private sale to
`Christopher Cavallaro, Donna Cavallaro fur the sum of$129,000. payable in full at the time oftransfer.
`
`Dated at New Britain, Connecticut on April·2S, 2(}16.
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`.
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`CERTIFICATION
`The undersigned hereby certifies that a copy ofthe above decree was mailed on 04128/16 to the following as provided in th
`Court Rules of Procedure, section 8.2:
`Name and Address
`Paul A. Catalano, Esq. (attorney for Christina Glasper), Karanian & Catalano, 41 Lexington Street, New Britain, CT 06052
`Kevin Carey, 90 Windemere Ridge Drive, Southington, cr 06489
`Christina Glasper, 26 Church Street, Plainville, CT 06062
`Mailene Sierra Vazquez. Esq., The Law Office ofMailene Sierra Vazquez, llC. 28 Grand Street, Hartford, CT 06106
`Anne C. Marshall, Esq., LAW OFFICE OF ANNE C. MARSHALL, 106 Farmington Avenue. Suite 2A, New Britain, CT 06053
`Earl F. Carey, Sr., Autumn Lake Healthcare at New Britain, 400 Brittany Farms Road, New Britain, cr 06053
`
`As used in this decree, the wordflduciary includes the plural, where the context so requires.
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`,.....,..,n~o 1:"I"'ID I;! A f P n12 MORTM1R OF REAL PROPERTY
`
`PV460
`
`

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`Attachment C
`
`CORRECTED DECREE FOR SALE OR MORTGAGE
`OF REAL PROPERTY DATED APRIL 28,2016
`
`6
`
`
`

`
`~ORRECTED DECREE FOR SALE OR
`1'10RTGAGE OF REAL
`lROPER1Y
`>C-460 REV. 7115
`
`STATE OF CONNECTICUT
`
`RECORDED
`
`COURT OF PROBATE
`
`::OURT OF PROBATE, Berlin Probate Court
`
`DISTRICT NO. PD08
`
`~STATEOF
`
`Earl F. Carey, Sr. (15-00922)
`
`At a court of probate held at the place and time ofhearing set by the Court. together with any continuances thereof: as ofrecord appears,
`on the fiduciary's application for all as in said application more fully appears.
`
`After due hearing, THE COURT Fn-mS that:
`
`PRESIDING runGE: Hon. Walter A. Clebowicz
`
`The allegations ofsaid application are proved, and there is reasonable cause fur granting the same, and to grant said application
`will be in the best interest ofthe parties in interest.
`
`Notice was given in accordance with the order ofnotice previously entered.
`
`
`The sale ofthe real property is in the b~t interests ofthe person under. conservatorship.
`
`
`The conservator was appointed in an involuntary proceeding and in accordance with C.G.S section 45a*656b (a) and the Probate
`
`Court Rules ofProcedure. section 33.12,
`
`
`The sale ofthe real property is necessary.
`
`
`The allegations ofthe petition are proved, and there is reasonable cause for granting the same.
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`AND it is ORDERED AND DECREED that:
`
`The real property described in the petition be sold, and the fiduciary is empowered to sell and convey the same at private sale to
`Christopher Cavallaro, Donna Cavallaro for the sum of $129,000, payable in full at the time oftransfer.
`
`Dated at New Britain, Connecticut on April 28, 2016.
`
`CERTIFICATION
`rhe undersigned hereby certifies that a copy of the above decree was mailed on 05/06116 to the following as provided in the Probate
`~ourt Rules ofProcedure, section 8.2:
`Name and Address
`Paul A. Catalano, Esq. (attorney fur Christina Glasper), 39 Mill Street, Suite 4, Berlin, CT 06037
`Kevin Carey, 90 Windemere Ridge Drive, Southington, CT 06489
`Christina Glasper, 26 Church Street, Plainville, CT 06062
`Anne C. Marshall, Esq., LAW OFFICE OF ANNE C. MARSHALL, 106 Fannington A venue, Suite 2A, New Britain, CT 06053
`Mailene Sierra Vazquez, Esq., The Law Office of Mailene Sierra Vazquez, LLC.28 Grand Street, Hartford, CT 06106
`Robert P. Murphy, Esq., Berlin Law Offices, LLC, P.O. Box 12, Berlin, CT 06037
`Earl F. Care • Sr., Autumn Lake Healthcare at New Britain, 400 Brittan Fanns oad, New Britain, CT 06053
`
`As used in this decree, the wordfidllciary includes the plural, where the context so requires.
`)RRECTED DECREE FOR SALE OR MORTAGE OF REAL PROPERTY
`~-4hO