State of Vermont Superior Court Civil Division Chittenden Unit Case No. 24-Cv-02320 In Re: Abandoned Mobile Home Of RICHARD G. GILLILAN | General Notices | Seven Days | Vermont's Independent Voice

NOTICE OF HEARING

A hearing on Woodland Shores Park, RLLP's Verified Complaint to declare abandoned the mobile home of Richard G. Gillilan, located at Woodland Shores Park, Lot #1, 75 Hickory Lane in Colchester, Vermont to authorize the transfer without a public auction, or in the alternative, approving the sale of the mobile home at a public auction to be held within 15 days of the date of judgment if the home is found fit for habitation, has been set for July 8, 2024 at 1:30 p.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: June 14, 2024 Michael Stobb, Judicial Assistant

VERIFIED COMPLAINT

NOW COMES, Woodland Shores Park, RLLP , by and through their attorneys, Bennett & Zaikowski, P.C., and hereby makes this their complaint:

1. Woodland Shores Park, RLLP ("Woodland") is a Vermont registered Limited Liability Partnership which is the record owner of a mobile home park known as Woodland Shores Park, located in the Town of Colchester, Vermont ("the Park").

2. Richard G. Gillilan ("Gillilan") is the owner of a certain mobile home, described as a 1979 Skyline Homette Dlx, 14'x 70' with a serial number of 0316-0531 (the "Mobile Home"), located on a lot at the Park. Exhibit 1.

3. Upon information and belief, Gillilan is deceased as of  May 2018. Exhibit 2.

4. The last known mailing address for "Gillilan" is 75 Hickory Lane, Lot#1, Colchester, VT 05446

5. "Gillilan" leased a lot in the Park from Woodland under the terms of a Lease Agreement and occupied the mobile home lot known as 75 Hickory Lane, Lot #1, Colchester, VT 05446. Exhibit 3.

6. The mobile home has been abandoned. The last known resident at the mobile home was Richard G. Gillilan.

7. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:

a. Upon information and belief, there may be arrears on obligations to pay property taxes to the Town of Colchester, Vermont.

8. Upon information and belief, the mobile home is unfit for human habitation due to the following issues:

a. The home was not winterized and has gone through multiple winters not being winterized.

b. When a home is not properly winterized, the plumbing systems and heating systems freeze and break. The water has been turned off to the home;

c. The home has been unoccupied for 6 years. Given the age of the home and lack of  winterization the home would not be habitable.

d. The water has been turned off to the home;

e. The oil tank is empty and there is no heat in the home;

f. Electrical service has been disconnected since 2018;

9. Plaintiff has been unable to completely inspect the interior of the home, all observations are from an exterior inspection and from prior knowledge of the home.

10. The last known employer of "Gillilan" is unknown.

11. Uriah Wallace is a person disinterested in the mobile home or mobile home park who is able to sell the mobile home at a public auction.

12. Lot rent has not been paid since May 2018 and the outstanding amount owed is $32,212.00 through June 2024 and is based on the following amounts:

• 2018 - $3,940.00 owed

• 2019 - $4,764.00 owed ($397 x 12)

• 2020 - $4,944.00 owed ($412 x 12)

• 2021- $4,944.00 owed ($412 x 12)

• 2022 - $5,160.00 owed ($430 x 12)

• 2023 - $5,580.00 owed ($465 x 12)

• 2024 - $2,880.00 owed to date ($480 x 6)

13. Woodland sent written notice to the Town Clerk of the Town of Colchester on April 10, 2024, of Plaintiffs' intent to commence this action. See copy of certified letter to Julie Graeter dated April 10, 2024, attached as Exhibit 4.

14. Woodland sent written notice to the Delinquent Tax Collector of the Town of Colchester on April 10, 2024, of Plaintiffs' intent to commence this action. See copy of certified letter to Julie Graeter dated April 10, 2024, attached as Exhibit 4.

15. Woodland sent written notice to Interested Person, Julie Morin on April 10, 2024 of Plaintiff's intent to commence this action. See Copy of Certified letter to Julie Morin dated April 10, 2024, attached as Exhibit 5.

WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order in Plaintiff's favor as follows:

1. Declaring that the mobile home has been abandoned and is unfit for habitation;

2. Granting judgment in favor of Plaintiff and against the mobile homeowner for past due and unpaid rent through the date of judgment, together with Plaintiff's court costs, publication and mailing costs, and Plaintiff's counsel fees incurred in connection with this matter.

3. Approving transfer of the Mobile Home to Woodland Shores Park, RLLP pursuant to 10 V.S.A. §6249(i). In the alternative to (3) if the home is found fit for human habitation, approving the sale of the mobile home at a public auction to be held within 15 days of the date of judgment, pursuant to 10 V.S.A. §6249(h).

Dated: June 12, 2024

WOODLAND SHORES PARK , RLLP

By: Angela N. Zaikowski

Attorney for Woodland

I declare that the above statements are 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.

June 5, 2024 BY: Dieter Mulac
Duly authorized agent for Woodland