State of Vermont Superior Court Civil Division Lamoille Unit Case No. 24-Cv-01693 | General Notices | Seven Days | Vermont's Independent Voice

In Re: Abandoned Mobile Home of Stephanie Miller & Brandon Godfrey

Notice Of Hearing

A hearing on Ship Sevin II, LLC's Verified Complaint to declare abandoned and uninhabitable the mobile home of Stephanie Miller and Brandon Godfrey located at the Pinecrest Mobile Home Park, Lot #22, 5 Third Street in Morrisville, Vermont has been set for May 29, 2024 at 8:15 a.m. at the Vermont Superior Court, Lamoille Unit, Civil Division located at 154 Main Street in Hyde Park, Vermont. To participate in this hearing, the WEBEX Login Information is as follows:

App: Cisco Webex Meeting

Website: https://vtcourts.webex.com

Meeting Number: 2335 590 2963

Password: LamoilleCR1

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) 888-3887.

Date: May 3, 2024 Ashley Harvey, Judicial Assistant

Lamoille Unit

VERIFIED COMPLAINT FOR ABANDONMENT

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

NOW COMES Ship Sevin II, LLC ("Ship Sevin"), by and through its Counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:

1. Ship Sevin, a Vermont limited liability company with a principal place of business in South Burlington, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as the Pinecrest Mobile Home Park (the "Park"), located in the village of Morrisville, Vermont.

2. Stephanie Miller ("Miller") and Brandon Godfrey ("Godfrey") are the record owners of a certain mobile home (the "Mobile Home") described as a Benchmark, 14' x 80' located at the Pinecrest Mobile Home Park, Lot #22, 5 First Street in Morrisville, Vermont according to the Town of Morristown Land Records. See attached Bill of Sale.

3. Miller leased a lot in the Park from Ship Sevin pursuant to a written lease. Miller paid Ship Sevin a security deposit of $334.00. See attached Lease.

4. Miller and Godfrey's last known mailing address is 5 Third Street, Morrisville, VT

05661.

5. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Miller. All of Miller's personal property is believed to have been removed from the mobile home and utility services have been terminated. On December 8, 2023, the Park's Counsel communicated with Miller & Godfrey with respect to their intentions with their mobile home. See attached.

6. On or about December 9, 2023 the Mobile Home was destroyed by fire. See attached photographs. On or about December 12, 2023, Miller contacted Ship Sevin and indicated that she was walking away from the mobile home.

7. Miller was evicted from the Park for nonpayment of rent on or about November 27, 2023 by the Lamoille County Sheriff's Department. The mobile home has been vacant since that time. The Court issued a Judgment and Writ of Possession to Ship Sevin on November 3, 2023. See Ship Sevin II, LLC v. Miller, Vermont Superior Court, Lamoille Civil Unit, Case No. 23-CV-03387. See attached.

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

a. There are no current or delinquent taxes owed to the Town of Morristown as the taxes were abated after the fire on December 9, 2023. See attached.

9. Mobile home storage fees continue to accrue at the rate of $415.00 per month. Rent/ storage fees due Ship Sevin through April, 2024 total $5,958.60. Attorney's fees and court costs incurred by Ship Sevin currently exceed $3,000.00.

10. Ship Sevin sent written notice by certified mail to the Town of Morristown on March 7, 2024 of its intent to commence this action. See attached.

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

WHEREFORE, Ship Sevin 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 April 30, 2024.
SHIP SEVIN II, LLC

BY: Nadine L. Scibek
Attorney for Ship Sevin II, LLC

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.

April 30, 2024 BY: Cindy Whitham
Duly Authorized Agent for Ship Sevin II, LLC