State of Vermont Superior Court Civil Division Rutland Unit Case No. 24-Cv-01875 | Public Meetings | Seven Days | Vermont's Independent Voice

In Re: Abandoned Mobile Home of Roberta E. Pratt & Ralph R. Minard

NOTICE OF HEARING

A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare abandoned and uninhabitable the mobile home of Roberta E. Pratt & Ralph R. Minard located at the Coburn Mobile Home Park, Lot #46, 107 Fire Lane 3B Coburn Court in North Clarendon, Vermont has been set for June 3, 2024 at 1:30 p.m. at the Vermont Superior Court, Rutland Unit, Civil Division located at 83 Center Street, Suite 3 in Rutland, Vermont. To participate in this hearing, the WEBEX Login Information is as follows:

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Meeting Number: 179 381 8436

Password: civilonhill

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) 775-4394.

Date: May 14, 2024 Nichol McKeighan, 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 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 Coburn Mobile Home Park (the "Park"), located in the Town of North Clarendon, Vermont. HFI purchased the Park from the Vermont State Housing Authority ("VSHA") on December 31, 2023. VSHA manages the Park.

2. Roberta E. Pratt ("Pratt") and Ralph R. Minard ("Minard") are the record owners of a certain mobile home described as a 1986 Champion Titan, 14' x 66', bearing Serial #19-6-880-2191 (the "Mobile Home") located on Lot #46, Coburn Mobile Home Park, 107 Fire Lane, 3B Coburn Court in North Clarendon, Vermont. See attached Bill of Sale.

3. Pratt leased a lot in the Park for her mobile home from VSHA pursuant to a written lease. Pratt paid a security deposit in the amount of $250.00 to VSHA. See attached Lease.

4. Pratt and Minard are both deceased. Pratt's date of death is December 8, 2023 and Minard's date of death is November 4, 2021. See attached Death Certificates.

5. No petition to open a probate estate has been filed for either Pratt or Minard per the Rutland County Probate Court.

6. The last known resident of the mobile home was Pratt. The mobile home has been abandoned and is unoccupied. The Mobile Home is in poor condition and Pratt's daughter indicated to HFI that she was walking away from the Mobile Home.

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

a. Pratt is in arrears on obligations to pay property taxes to the Town of Clarendon, Vermont in the aggregate amount of $125.79, plus interest and penalties. The delinquent property taxes are now a lien on the property. See attached Tax Bill & Delinquent Tax Report.

8. Mobile home storage fees continue to accrue at the rate of $463.00 per month. Rent, storage fees and late charges due HFI as of May, 2024 total $2,778.00. Court costs and attorney's fees from this action to date exceed $750.00. See attached Account History.

9. HFI sent written notice by certified mail to the Town of Clarendon on March 11, 2024 of HFI'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 May 10, 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 10, 2024 BY: Thomas Young

Duly Authorized Agent for HFI