Notice Of Hearing
A hearing on the Vermont State Housing Authority's Verified Complaint to declare abandoned the mobile home of Gertrude M. Shepard located on Lot #59, Windemere Estates Mobile Home Park, 100 Mount Sterling Avenue in Colchester, Vermont to authorize the transfer without a public auction, so it may be removed and disposed of accordingly, has been set for August 28, 2023 at 11:00 a.m. You may participate in the hearing either in person at the Vermont Superior Court, Chittenden Unit, Civil Division located at 175 Main Street in Burlington, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:
App: Cisco Webex Meeting
Website: https://vtcourts.webex.com
Meeting Number: 129 647 6521
Password: CIVIL2
If you do not have a computer or sufficient bandwidth, you may call (802) 636-1108 to appear by phone. (This is not a tollfree number). When prompted enter the meeting ID number listed above, followed by the pound symbol (#). You will be prompted to enter your attendee number (which you do not have). Instead, press pound (#). If you have technical difficulties, call the Court at (802) 863-3467.
Date: July 28, 2023 Nancy L. Bean, Judicial Assistant
VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)
NOW COMES the Vermont State Housing Authority ("VSHA"), by and through its counsel Nadine L. Scibek, and hereby complains as follows:
1. VSHA, a public housing authority with a principal place of business in Montpelier, County of Washington, State of Vermont, is the record owner of a mobile home park known as the Windemere Estates Mobile Home Park located in the Town of Colchester, Vermont (the "Park").
2. Gertrude M. Shepard ("Shepard") is the record owner of a certain mobile home, described as a 1993 Liberty, Model #145602, 56' x 14' (the "Mobile Home"), located on Lot #59, Windemere Estates Mobile Home Park, 100 Mount Sterling Avenue in Colchester, Vermont. See attached Bill of Sale.
3. Shepard leased a lot in the Park for her mobile home from VSHA pursuant to a written lease. Shepard paid a security deposit in the amount of $212.50 to VSHA. See attached Lease.
4. Shepard is deceased. Her date of death is March 13, 2023. See attached Death Certificate.
5. No petition to open a probate estate has been filed for Shepard per the Chittenden County Probate Court.
6. The last known resident of the mobile home was Shepard. The mobile home has been abandoned and is unoccupied. On or about June 13, 2023 Ron King who is the named Executor in Shepard's Will called VSHA to relay contact information for the Estate's attorney. VSHA's Counsel then contacted Atty. Edward Fitzpatrick regarding the Mobile Home. Atty. Fitzpatrick advised that an estate would not be opened in Probate Court as there is no value in the Mobile Home. Atty. Fitzpatrick was advised that VSHA would be starting the court abandonment process to obtain an order to allow VSHA could dispose of the Mobile Home. Atty. Fitzpatrick informed VSHA's Counsel that Shepard's family members would remove all of Shepard's personal property from the Mobile Home by July 7, 2023.
7. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Property taxes to the Town of Colchester are current according to the Town Clerk. See attached Tax Bill.
8. Mobile home storage fees continue to accrue at the rate of $485.00 per month. Rent, storage fees and late charges due VSHA as of July, 2023 total $485.00. Court costs and attorney's fees from this action to date exceed $750.00. See attached Account History.
9. VSHA sent written notice by certified mail to the Town of Colchester on June 8, 2023 of VSHA's intent to commence this abandonment action as required by statute. See attached.
10. The mobile home is uninhabitable. Thomas Young, Property Manager and duly authorized agent for the Park owner will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.
WHEREFORE, VSHA respectfully requests that the Honorable Court enter an order as follows:
1. Declare that the mobile home has been abandoned;
2. Transfer the mobile home that is unfit for human habitation to Park owner
VSHA without a public auction so that it may be removed and disposed of accordingly.
3. Order pursuant to 10 V.S.A. § 6249(j) that the mobile home and any security
deposit paid be conveyed to the Park Owner in "as is" condition, and free from all liens and other encumbrances of record.
DATED this 28th day of July, 2023.
VERMONT STATE HOUSING AUTHORITY
BY: Nadine L. Scibek
Attorney for VSHA
I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the Court.
July 28, 2023 By: Thomas Young
Duly Authorized Agent for VSHA