State of Vermont Superior Court Civil Division Chittenden Unit Case No. 24-Cv-02071 In Re: Abandoned Mobile Home Of Donald Couturier | Public Meetings | Seven Days | Vermont's Independent Voice

Notice Of Hearing

A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare abandoned the mobile home of Donald Couturier, located at the Birchwood Manor Mobile Home Park described as Mark IV, 12'x50', Serial #2306, Lot #123 and known as 66 Mansfield Road in Milton, Vermont to authorize the transfer without a public auction, so it may be removed and disposed of, has been set for June 27, 2024 at 11:30 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: May 29, 2024 Nancy L. Bean, Judicial Assistant

VERIFIED COMPLAINT FOR ABANDONMENT

PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)

NOW COMES The Housing Foundation, Inc. ("HFI"), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:

1. HFI, a Vermont non-profit corporation 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 Birchwood Manor Mobile Home Park (the "Park"), located in the Town of Milton, Vermont. The Park is managed by the Vermont State Housing Authority.

2. Donald Couturier ("Couturier") is the record owner of a certain mobile home (the "Mobile Home") described as a Mark IV, 12' x 50', Serial #2306, located at the Birchwood Manor Mobile Home Park, Lot #123, 66 Mansfield Road in Milton, Vermont according to the Town of Milton Land Records. See attached Vermont Mobile Home Bill of Sale.

3. Couturier leased a lot in the Park from HFI pursuant to a written lease. Couturier paid a security deposit in the amount of $298.00 to HFI. See attached Lease.

4. Couturier's last known mailing address is 66 Mansfield Road, Milton, VT 05468.

5. The mobile home has been abandoned and is empty/unoccupied. The last known resident of the mobile home was Couturier. All of Couturier's personal property is believed to have been removed from the mobile home and utility services have been terminated. The Park's Counsel has communicated with Couturier with respect to his intentions with his mobile home. HFI has received no response from Couturier. See attached.

6. Couturier was evicted from the Park for nonpayment of rent on or about January 4, 2024 by the Chittenden County Sheriff's Department. The mobile home has been vacant since that time. The Court issued a Judgment and Writ of Possession to HFI on November 7, 2023. See The Housing Foundation, Inc. v. Couturier, Vermont Superior Court, Chittenden Civil Unit, Case No. 23-CV-04544. See attached.

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

a. Couturier is in arrears on obligations to pay property taxes to the Town of Milton, Vermont in the aggregate amount of $395.82, plus interest and penalties. See attached copy of Tax Bill and Delinquent Tax Report.

b. Couturier is in arrears on obligations to pay water/sewer bills to the Town of Milton, Vermont in the aggregate amount of $1,185.41, plus interest and penalties. See attached Delinquent Water/Sewer Report.

c. Judgment Order in the amount of $3,257.19, plus interest, issued by the Vermont Superior Court, Chittenden Civil Division in the matter of The Housing Foundation, Inc. v. Couturier, Case No. 23-CV-01230 dated April 12, 2023 and recorded in the Milton Land Records on June 28, 2023 in Book 539, Page 152. See attached Judgment.

8. Mobile home storage fees continue to accrue at the rate of $389.00 per month. Rent/ storage fees due HFI through May, 2024 total $5,910.05. Attorney's fees and court costs incurred by HFI currently exceed $2,000.00.

9. HFI sent written notice by certified mail to the Town of Milton on April 24, 2024 of its intent to commence this action. See attached.

10. The mobile home is uninhabitable. Thomas Young, Property Manager, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.

WHEREFORE, HFI 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 which is unfit for human habitation to the Park owner 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 May 28, 2024.

THE HOUSING FOUNDATION, INC.
BY: Nadine L. Scibek
Attorney for HFI

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.

May 28, 2024 BY: Thomas Young
Duly Authorized Agent for HFI